The Supreme Court is set to begin hearing petitions tomorrow that challenge the legal exception for marital rape under criminal law.

Senior Advocate Karuna Nandy, representing the petitioners, had previously requested an early hearing before the bench led by Chief Justice DY Chandrachud.

Although the matter was scheduled for hearing today, it could not be addressed due to a lack of time.

The CJI however assured, "Marital rape matter will be first on board, we will start tomorrow".

The Solicitor General Tushar Mehta (SG) however interjected to request and keep the matter for some other day as he had to appear for a part-heard matter before another bench tomorrow. He also added "I don't see my lords if it's that urgent"

In response, Chief Justice DY Chandrachud remarked, "It's a fixed matter on the board; let them begin tomorrow."

Notably, Section 63 of the Bharatiya Nyaya Sanhita (BNS) and the former Section 375 of the Indian Penal Code (IPC) exclude non-consensual sex between a married man and his wife from the definition of 'rape.' Exception 2 of Section 375 of the IPC (now Section 63 of BNS) states: "Sexual intercourse or sexual acts by a man with his own wife, provided she is not under fifteen years of age, do not constitute rape."

The bench, headed by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, is examining the constitutional validity of the marital rape exception, as well as Section 9 of the Hindu Marriage Act, which pertains to the restitution of conjugal rights.

In its recent affidavit, the Union opposed the criminalization of marital rape by the Court. It argued that alternative legal remedies already exist to protect married women from sexual violence, and extending the offence of "rape" to marriage could be excessively harsh and disproportionate.

The Centre asserted that a holistic approach is necessary to resolve the matter, requiring consultations with all states. It emphasized that the issue currently before the Court is more 'social' than 'legal,' and that the criminalization of marital rape falls within the domain of legislative policy.

The various pleas addressing this issue can be classified into four categories: first, an appeal against the split verdict of the Delhi High Court regarding the marital rape exception; second, public interest litigations (PILs) filed challenging the marital rape exception; third, a plea contesting a Karnataka High Court judgment that upheld charges against a husband under Section 376 of the IPC for forcible sex with his wife; and fourth, intervening applications.