Special Leave Petition (Criminal) No. - OF 2022 (Filed Under Article 136 of The Constitution of Sindhu Desh)

SEVENTH BMSCL NATIONAL MOOT COURT COMPETITION - 2022
TEAM CODE: 28
7TH BMS NATIONAL MOOT COURT COMPETITION
BEFORE THE HON’BLE SUPREME COURT OF SINDHU DESH
Special Leave Petition (Criminal) No. __________OF 2022

(FILED UNDER ARTICLE 136 OF THE CONSTITUTION OF SINDHU DESH)
IN THE MATTER BETWEEN
REPUBLIC OF SINDHU DESH & ORS .......... Petitioner
VERSUS
LAILA & ORS .......... Respondent
MEMORANDUM AND PLEADINGS

SUBMITTED ON BEHALF OF THE PETITIONER
MEMORANDUM ON BEHALF OF THE PETITIONER 1
TABLE OF CONTENTS
SL CONTENTS PAGE
NO NUMBER
1. LIST OF ABBREVIATIONS 3-4
2. INDEX OF AUTHORITIES 5-9
i) Cases Referred 5-6

ii) Books Referred 6-7
iii) Dictionaries 7
iv) Online Resources 7-8
v) Statutes 8
vi) Reports & Covenants 8-9
3. STATEMENT OF JURISDICTION 10
4. STATEMENT OF FACTS 11
5. ISSUES RAISED 12
6. SUMMARY OF ARGUMENTS 13 - 14
7. ARGUMENTS ADVANCED 15 - 32
8. PRAYER 33

LIST OF ABBREVIATIONS
SL.NO ABBREVIATION EXPANSION
1 AIR All India Reporter
2 Anr Another
3 & And
4 Hon’ble Honorable
5 IPC Indian Penal Code
6 V. Versus
7 SLP Special Leave Petition
8 Pvt Private
9 Ltd Limited
10 W.B West Bengal
11 UOI Union Of India
12 Sau Saurashtra
13 HC High Court
14 MRE Marital Rape Exemption
15 A.P Andhra Pradesh
16 D.V Domestic Violence
17 NCRB National Capacity Territory
18 Ors Others
19 NCT National Capital Territory
20 RTI Right To Information

21 FIR First Information Report
22 No. Number
23 SC Supreme Court
24 SCC Supreme Court Cases
25 SCR Supreme Court Reports
26 Art Article
27 Sec Section
28 C Civil
29 UDHR United Declaration Of Human Rights
30 RCR Restitution of Conjugal Rights
31 CrLJ Criminal Ledger Journal

INDEX OF AUTHORITIES
i ) Cases Referred :
1 Pritam Singh vs The State, 1950 AIR 169, 1950 SCR 453
2 N. Suriyakala vs Mohan doss and others,2007 9 SCC 196
3 Tirupati Balaji Developers Pvt Ltd vs State of Bihar, 2004 SC 2351
4 Durga Shankar vs Raghu Raj, AIR 1954 SC 520: 1955 1SCR 267
5 Esher Singh vs State of Andra Pradesh,2004 11 SCC 585, 603 : AIR 2004 SC 3030
6 Natural Resources Allocations, Re Special Reference Number 1 of 2012,(2012) 10
7 National Legal Services Authority vs UOI, (2014) 5 SCC 438 AIR 2014
8 State of W.B. vs Anwar Ali Sarkar,AIR 1952 SC 75
9 Sudhanchoudary vs State of West Bengal, [1954] Insc 114; Air 1955 Sc 191; 1955 (1)
Scr 1045
10 Chiranjit Lal Chowdhuri vs. The Union of India,1951 AIR 41, 1950 SCR 869
11 The State of Bombay vs. F. N. Balsara, 1951 AIR 318
12 Kathi Raning Rawat vs. The State of Saurashtra, [1951] S.C.R. 682
13 LachmandasKewalram Ahuja vs. The State of Bombay,1952 AIR 235, 1952 SCR 710
14 QasimRazvi v. The State of Andhra Pradesh,1953 AIR 156, 1953 SCR 589
15 Habeeb Mohamad v. The State of Hyderabad,1954 AIR 51, 1954 SCR 475
16 Maneka Gandhi v. Union of India, 1978 AIR 597, 1978 SCR (2) 621
17 Sree Kumar vs. Pearly Karun, 1999 (2) ALT Cri 77, II (1999) DMC 174
18 Jayanti Rani Panda vs. State of West Bengal and Ors, 1984 CriLJ 1535
19 Mir Wali Mohammad vs. The State of Bihar, 1991 (1) BLJR 247
20 Araj Sk. vs. State of West Bengal, 2001 CriLJ 416
21 Uday vs. State of Karnataka, AIR 2003 SC 1639
22 Deelip Singh vs. State of Bihar,AIR 2005 SC 203
23 Yedla Srinivasa Rao vs. State of Andhra Pradesh, (2006) 11 SCC 615
s24 Prashant Bharti v. State of NCT of Delhi, 9 scc 293

25 Anurag Soni v. The State Of Chhattisgarh, AIR 2019 SC 1857 : 2019 (2) Crimes 162
: 2019 CrLJ 2508 : 2019 (4) JT 309 : 2019 (2) RCR(Criminal) 852 : 2019 (6) Scale
2112019 (2) JLJR 358 : 2019 (2) PLJR 371
26 Pramod Suryabhan Pawar v. The State of Maharashtra &Ors, 9 SCC 608
27 Vijaykumar Ramchandra Bhate vs. Neela Vijaykumar Bhate, (2003) 6 SCC 334
28 RTI Foundation vs. Union of India,
29 Preeti Gupta &Anr. vs. State of Jharkhand, (2010) 7 SCC667
30 Arneshkumar vs. State of Bihar, (2014) 8 SCC 273
31 Mama Goyal vs. Ramgopal, AIR 2011 Raj 107: 2011 (3) CCC 754: 2011 (2) Raj LW
1463
32 Rishivesh Sharma
Pandey, (2002) SCC 73: AIR 2002 SC 591
33 Savitri Pandey vs. Prem Chandra SCW 182
34 Vinita Saxena vs. Pankaj Pandit, AIR 2006 SC 1662: (2006) 3 SCC 778: 222
35 Rita Nijhawanvs. Shri BalkishanNijhawn, AIR 1973 Del 200: 9 (1973) DIT 5 SCC
706
36 Criminal Justice Society of India vs. Union of India &Ors,Writ Petition (Civil) No.
1262/2018
37 Navtej Johar v. Union of India, (2018) 10 SCC 1
ii) Books Referred:
1. The Indian Penal Code, Ratanlal & Dhirajlal, 36th Edition, Lexis Nexis.
Commentary on the Indian Penal Code, K.D.Gaur, Third Edition, Central Law
2. Publications
India Constitutional Law, M P Jain, 8th Edition, Lexis Nexis.

3.
The Constitution of India, P.M.Bakshi, Lexis Nexis - Universal law publishing.

4.
Sexual Harassment (Sexual violence and Anti-rape laws), Paras Singh, 2015 Edition,
5.

Sodhi Publications
Law Relating to Cruelty to Husband, P.K.Das, Third Edition, Universal law

6. publishing Co
Law relating to women, Dr S.R.Myneni, 3rd Edition, Asia Law House Hyderabad
7.
Criminal Law Cases and Materials, K.D.Gaur, Second Edition, N M Tripathi Private
8. Limited
iii) Dictionaries :
1. Black’s Law Dictionary, Bryan.A. Garner, 8th Edition. 2004, West, Thompson
2. Shorter Oxford English Dictionary, 5th Edition, 2002, Oxford University Press.
3. The Law Lexicon (Ed. Justice Y.Y. Chandrachud ), P. RamanathaIyer, 2nd Edition,
2002
4. Wharton‟s Law Lexicon, Dr. A.R. Lakshmana. J, 15th Edition.2011, Universal Law
Publishing Co.
iv) Online Resources :

1. www.legalserviceindia.com
2. blog.ipleaders.in
3. www.indiankanoon.org
4. docs.manupatra.in
5. Lawcorner.in
6. Casemine.in
7. www.scconline.com
8. Lawsenate.com

9. theleaflet.in
10. www.livelaw.in
11. www.barandbench.com
12 advocatetanvar.com
13. www.ijlmh.com
v) Statutes :
1. The Constitution of India, 1950
2. Indian Penal Code, 1860
3. Indian Evidence Act,1872

4. Code of Criminal Procedure ,1973
5. Criminal Law Amendment Act, 2013
6. Domestic Violence Act, 2005
7. Protection of Children from Sexual Offences Act, 2012
vi) Reports, Articles &Covenants :

1. Madan B. Lokur, J in 2017 SCC Online SC 1222 [Writ petition (C) no.382 of 2013] at 2
2. Recognized by the law commission of India in its 172nd Report
3. Delhi High Court to Hear NGO’s Plea Opposing Marital Rape”, Indian Express 28, 2017
4 Malimath Committee Report, 2013

“Men May Suffer if Marital Rape Becomes Crime, Indian Government Says”, Renters
5
Aug. 30, 2017
6 Crime in India 2013 statistics” Published by National Crime Records Bureau
7 Crime in India 2013 statistics” Published by National Crime Records Bureau
https://timesofindia.indiatimes.com/city/delhi/Misuse-of-dowry-provisions-is-legal-
8
terrorism Court/articleshow/7615680.cms
9 Law Commission of India, ‘Review of Rape Laws’ (2000) Report No 172 [3.1.2.1]

Shemin Joy, Conviction Rate for Rape cases is only 27.2 %, Deccan Herald (Jan 9, 2020,
10
15:51).
11 Law Commission Report
12 UDHR Report
13 172nd Law commission report
14 J .Verma committee report, 2013
(2003); Liz Kelly et al., A Gap or a Chasm? Attrition in Reported Rape Cases, HOME
15
OFF. RES. STUD. 293, 46–47 (2005)
Making Rape Law Gender Neutral", by Sanjeev Sirohi, S/o Col. B.P.S. Sirohi, A-8,
16 Defence Enclave, Sardhana Road, Kankerkhera, Meerut-250001, U.P., Quoted in the
Criminal Law Journal, May-2013, at pages 79 &80
Justice J.S.Verma, Justice Leila Seth and Gopal Subramaniam, Report Of The Committee
17
On Amendments To Criminal Law, 2013.

STATEMENT OF JURISDICTION
The Hon’ble Supreme Court of Sindhu Desh has the Jurisdiction to try, entertain and dispose
of the present case by virtue of Article 136 of the Constitution of Sindhu Desh.
The Petitioner Humbly submits this memorandum before this Hon’ble Court. This appeal
invokes its Jurisdiction under Article 136 ofthe Constitution of Sindhu Desh.
Note : The laws of Republic of Sindhu Desh are in pari materia with the laws of union of
India

STATEMENT OF FACTS
1. The Republic of Sindhu Desh is the 8th largest country in the world. This nation also
suffers from a wide gender disparity in literacy rate for men and women.
2. Igor and Laila both adults entered into a wed lock in accordance with local customs and
was witnessed by family members and friends on 10.08.2021, the following night Igor
expresses his desire to consummate the marriage. However, Laila contended that she would
need some time to get comfortable around Igor, and couple months passed by.
3. On 14.10.2021 the couple went for party to celebrate friend’s Birthday and both
intoxicate themselves. On coming back home Igor again expresses his desire to
consummate the marriage. However, the Laila in her intoxicated state was unable to
communicate properly and goes to sleep.
4. The next day upon Laila waking up from sleep finds her cloths in disarray and surmises
that the previous night Igor had sexual intercourse with her. Laila felt traumatized violated
and contempt for Igor’s action and file police complaints and FIR under the penal code of
Sindhu Desh.
5. Subsequently, Police conducted investigation and Laila was examined by the doctor,
and Doctor opined that there was an occurrence of sexual intercourse.
6. Accordingly Charge sheet was framed by Jurisdictional Magistrate on 10.12.2021, and
altered the Charges and removed the references to commission of offences under Sec. 375
r/w exception 2.
7. Laila felt aggrieved by order and challenged by filing writ petition under Article 226 and
arrayed the state and Sindhu Desh along with Igor for exception 2 of section 375 of
SindhuDesh Penal code under Article 14, 19 and 21 as arbitrary and treats married and
unmarried women unequally.
8. Division Bench of High Court of Karunadu held that,
a) Exception 2 is ultra-vires the constitution as it is arbitrary and violative of Article 14 by
differentiating the women due to their marital status and hence the charge sheet needs to be
altered and the same was referred to session court.
b) With the literacy rate being high in the country Right to life includes right to have
consensual intercourse among the adults and prior consent for the said act is necessary.
c) Also directed to Sindhu Desh to amend the law relating to rape by making it gender
neutral in the light section 377 being decriminalized and any such act under section 375
without will and consent should constitute an offence and to be treated as rape.
9. Subsequently the Karunadu harassed husband’s association filed several representations
with state Government and Prime Minister, stating that the Judgment would have huge
societal impact and was wrong in law and inter alia and would open a pandoras box
making husband at risk of misuse similar to Sec 498A. and welcome the direction for
gender neutral.
10. Shruthyalaya an NGO was alarmed by the Directions given by the High court to make
section 375 as gender neutral, as it would leads to false cases against women.
11. Prime Minister of Sindhu Desh has challenged the Judgment of High court of Karnadu
since criminalization would lead to excessive interference with the institution of marriage.
12. The Republic of Sindhu Desh has filed a special leave petition (Article 136) against the
judgement of High Court of Karunadu and same has been accepted by the Hon’ble Court
recognizing the importance of the case.

ISSUES RAISED
--- ISSUE 1 ---

Whether Special Leave Petition filed under Article 136 of the Constitution
of Sindhu Desh is proper and/ or valid since the state is under an obligation
to treat men and women equally ?
--- ISSUE 2 ---

Whether Exception 2 of section 375 of the Sindhu Desh penal code is violative
of Article 14,19, 21 of the Constitution ?
--- ISSUE 3 ---

Whether forceful intercourse by a man with his wife against her will and/or
without her consent can be criminalized as constituting ‘Rape’under provisions
of section 375 of the Penal Code ?
--- ISSUE 4 ---

Whether the offence of Rape under section 375 of the Sindhu Desh Penal code
is required to be made gender neutral ?

SUMMARY OF ARGUMENTS
ISSUE 1: Whether Special Leave Petition filed under Article 136 of the Constitution
of Sindhu Desh is proper and/ or valid since the state is under an obligation to treat
men and women equally?
The counsel for Petitioner humbly submits before the Hon’ble Court that the case before the
Supreme Court is invalid as there is no violation of Fundamental Rights guaranteed under
the Constitution of Sindhu Desh as Duties of protection are duties of the state to protect
certain legal interests of its citizens. They cover the interests of life, health, freedom and
property and also protect some other interests and certain constitutionally recognized
institutions.One such obligation of the state is to treat men and women equally and State
duties of protection must be considered in connection with fundamental rights
ISSUE 2 : Whether Exception 2 of section 375 of the Sindhu Desh penal code is
violative of Article 14,19, 21 of the Constitution ?
The counsel for Petitioner humbly submits before the Hon’ble Court that Exception 2 of
section 375 of the Sindhu Desh penal code is not violative of Article 14,19, 21 of the
Constitution as the exception is based on an intelligible differentia and When a person
marries someone there is a presumption of consent to have intercourse and qualifies the test
of section 90 of IPC. Striking off exception 2 will have a negative impact as well and would
destroy the institution of marriage itself as a result of misuse and will put the husband at par
with the other people and the punishment will also be the same as strangers and the courts
would be filled with number of fake cases.

ISSUE 3:Whether forceful intercourse by a man with his wife against her will and/or
without her consent can be criminalized as constituting ‘Rape’under provisions of
section 375 of the Penal Code ?
The counsel for Petitioner humbly submits before the Hon’ble Court that the force-full
intercourse by a man with his wife against her will and/or without her consent cannot be
criminalized as constituting ‘Rape’ under provisions of section 375 of the Penal Code.
When a person marries someone there is a presumption of consent to have intercourse and
qualifies the test of section 90 of IPC. Will is a mental state of a person and consent is
verbal (implied in this case). They may overlap, but are not same. Under section 375, IPC,
the expression against her will would ordinarily mean that the intercourse was done by a
man with a woman despite her resistance and opposition. On the other hand, the expression
'without her consent' would comprehend an act of reason accompanied by deliberation
ISSUE 4 :Whether the offence of Rape under section 375 of the Sindhu Desh Penal
code is required to be made gender neutral ?
The counsel for Petitioner humbly submits before the Hon’ble Court that Rape under
section 375 of the Sindhu Desh Penal code must be made gender neutral as sexual assault
and abuse are not restricted to women and children only. Crimes like rape occur regardless
of gender, caste, color, nationality, and sexual orientation. Males are also sexually
assaulted. Men and boys are reluctant to report the crime of rape as a consequence, male
rape is grossly under reported and undertreated. Most male rape victims do not report their
assaults, nor do they receive medical attention or counseling. Provisions should be made
where the plight of a man can be heard without any hesitation on his part and allows him to
report such crimes without any fear.

ARGUMENTS ADVANCED
1) Whether Special Leave Petition filed under Article 136 of the Constitution of Sindhu
Desh is proper and/ or valid since the state is under an obligation to treat men and
women equally ?
The counsel for the petitioner humbly submits before the hon’ble Court that the Special
Leave Petition under Article 136 of the Constitution of Sindhu Desh is proper and/ or valid.
The scope of power vested with the Supreme Court of Sindhu Desh under Article 136
are as follows :
 The constitution of Sindhu Desh vest "discretionary power" in the Supreme

Court of Sindhu Desh. The Supreme Court of Sindhu Desh may in its discretion
be able to grant special leave to appeal from any judgment or decree or order in
any matter or cause made or passed by any Court/tribunal in the territory of
Sindhu Desh. The Supreme Court of Sindhu Desh may also refuse to grant the
leave to appeal by exercising its discretion.
 An aggrieved party from the judgment or decree of high court cannot claim
special leave to appeal as a right but it is privilege which the Supreme Court of
Sindhu Desh is vested with and this leave to appeal can be granted by it only.
 An aggrieved party can approach the Apex Court under Article 136 in case
any constitutional or legal issue exists and which can be clarified by the Supreme
Court of Sindhu Desh. This can be heard as civil or Criminal appeal as the case
may be.
In the case of Pritam Singh vs The State1,Special Leave Petitions in India (SLP)' holds a
prime place in the Judiciary of India, and has been provided as a "residual power" in the
hands of Supreme Court of India to be exercised only in cases when any substantial question
of law is involved, or gross injustice has been done.
1
1950 AIR 169, 1950 SCR 453

In the case of N. Suriyakala vs Mohan doss and others 2 , The supreme court observed with
regard to scope of Article 136 that article 136 of the constitution is not regular forum of
appeal at all. It is a “residual” provision which enables the supreme court to interfere with the
judgement or order of any court or tribunal in India in its discretion.
In the case of Tirupati Balaji Developers Pvt Ltd v State of Bihar3, The court observed that
Article 136 is an “extraordinary jurisdiction” vested by the constitution in the supreme court
with implicit trust and faith , and extraordinary care and caution has to be observed in the
exercise of jurisdiction . The court further observed that Article 136 does not confer a right of
appeal.
In the case of Durga Shankar v Raghu Raj4,The powers given by Article 136 of the
Constitution however are in the nature of special or residuary powers which are exercisable
outside the purview of ordinary law, in cases where the needs of justice demand interference
by the Supreme Court of the land. The article itself is worded in the widest terms possible.
In the case of Esher Singh v State of Andra Pradesh5, The power has been held to be
plenary, limitless.
In consonance with Article 14 of Consitution of Sindhu Desh :

The underlying object of Article 14 is to secure to all persons, citizens or non-citizens, the
equality of status and opportunity referred to in the Preamble to our Constitution 6
The meaning of the term 'person within Article 14 and Article 21, is gender neutral and also
covers hijras / transgenders who are neither male nor female. They are entitled to legal
protection of laws in all spheres of State activity, including employment, healthcare,
education as well as equal Civil and citizenship rights, as enjoyed by any other citizen of
India7
2
2007 9 SCC 196
3
2004 SC 2351
4
AIR 1954 SC 520: 1955 1SCR 267
5
2004 11 SCC 585, 603 : AIR 2004 SC 3030
6
Natural Resources Allocations, Re Special Reference Number 1 of 2012,(2012) 10
7
National Legal Services Authority v UOI, (2014) 5 SCC 438 AIR 2014

The equality which the Article 14 talks about is that equals may be treated equally and
unequal’s may be treated differently that is to say there cannot be same laws for every class
of people and certain classification is required.
Here, test of valid classification has to be seen to ascertain that whether the husband
constitute a separate class. To pass the test of valid classification two conditions has to be
fulfilled:
a) The classification must be founded on an intelligible differentia which distinguishes

persons or things that are grouped together from others left out of the group.
b) The differentia must have a rational relation to the object sought to be achieved by
the state in question.
This test was expressed in State of W.B. vs Anwar Ali Sarkar8, Sudhanchoudary vs State of
West Bengal9 and further in many cases.
Husbands cannot be treated at par with the strangers as he has a relation with his wife created
through marriage and therefore they constitute a different class and since the objective of the
legislature is also very clear i.e. to put the husbands separate from the strangers this exception
passes the test of valid classification. Striking down of Exception: 2 will put the husband and
the strangers in a same position.
The provisions of article 14 of the Constitution have come up for discussion before this Court
in a number of cases, namely, Chiranjit Lal Chowdhuri v. The Union of India10, The State
of Bombay v. F. N. Balsara11, Kathi Raning Rawat v. The State of Saurashtra12,
Lachmandas Kewalram Ahuja v. The State of Bombay13and Qasim Razvi v. The State of
Andhra Pradesh14 and Habeeb Mohamad v. The State of Hyderabad15. It is now well-
established that while article 14 forbids class legislation, it does not forbid reasonable
classification for the purposes of legislation.
8
AIR 1952 SC 75
9
[1954] Insc 114; Air 1955 Sc 191; 1955 (1) Scr 1045
10
1951 AIR 41, 1950 SCR 869
11
1951 AIR 318
12
[1951] S.C.R. 682
13
1952 AIR 235, 1952 SCR 710
14
1953 AIR 156, 1953 SCR 589
15
1954 AIR 51, 1954 SCR 475

2) Whether Exception 2 of section 375 of the Sindhu Desh penal code is violative of
Article 14,19, 21 of the Constitution ?
The counsel for Petitioner humbly submits before the Hon’ble Court that Exception 2 of
section 375 of the Sindhu Desh penal code is not violative of Article 14,19, 21 of the
Constitution as the exception is based on an intelligible differentia.
A British jurist named Lord Matthew Hale in 1736 stated that “ The husband cannot be guilty
of a rape committed by himself upon his lawful wife, for by their mutual consent and contract
the wife has given up herself in this kind to her husband, which she cannot retract.
Marriage is the beginning-the beginning of the family-and is a life-long commitment. It also

provides an opportunity to grow in selflessness as you serve your husband and children.
Marriage is more than a physical union; it is also a spiritual and emotional union. There is a
implied consent of both husband and wife which either of them can exercise their right in the
interest of their wed lock.
Article 21 gives every person right to like of dignity the right of a woman to maintain her
bodily integrity is effectively destroyed as her husband effectively has fall control over her
body and can subject her to sexual intercourse without her consent or without her willingness
since such an activity would not be rape. Anomalously, though her husband can rape her he
cannot molest her for if he does so he could be punished under the provision of the Indian
Penal Code16.
The equality which the Article 14 talks about is that equals may be treated equally and
unequal’s may be treated differently that is to say there cannot be same laws for every class
of people and certain classification is required.
Husbands cannot be treated at par with the strangers as he has a relation with his wife created
through marriage and therefore they constitute a different class and since the objective of the
legislature is also very clear i.e. to put the husbands separate from the strangers this exception
passes the test of valid classification. Striking down of Exception: 2 will put the husband and
the strangers in a same position.
16
Recognized by the law commission of India in its 172nd Report but was not commented upon

Marriage is the beginning-the beginning of the family-and is a life-long commitment. It also

provides an opportunity to grow in selflessness as you serve your husband and children.
Marriage is more than a physical union; it is also a spiritual and emotional union.
The continuance of the marital rape exemption (MRE) is a not violative of fundamental
rights and is not unconstitutional.
As previously contended that Exception - 2 of section 375 of IPC doesn’t violate Article 14
which means it doesn’t violate article 19 & 21 aswell. Referring to the landmark case of
Maneka Gandhi v. Union of India17, which brought a huge change. It was this case which
established the “Golden Triangle” jurisprudence of the Indian Constitution.
According to the Golden Triangle rule established by the infamous Maneka Gandhi v. Union
of India, Article 14, Article 19 & Article 21 are connected with each other. They are
complementary to each other and grants the most basic rights to the Indian citizens and even
non-citizens of India in some cases. Right to equality, right to basic freedoms and right to life
& personal liberty – all must be read together and collectively interpreted. As per the
Golden Triangle jurisprudence, if someone’s personal liberty has been encroached – it must
necessarily pass the test of violation of all the three articles in order to be categorized as“
infringement of personal liberty”.
In the case of Sree Kumar vs. Pearly Karun18, the Kerala High Court watched that the
offense under Section 376A, IPC won't be pulled in as the spouse is not living independently
from her husband under a declaration of partition or under any custom or use, regardless of
the possibility that she is liable to sex by her better half without wanting to and without her
assent. For this situation, the spouse was subjected to sex without her will by her husband
when she went to live with her husband for 2 days as a result of settlement of separation
procedures which was going on between the two parties. Subsequently the spouse was held
not liable of raping his wife even though he had done so.
17
1978 AIR 597, 1978 SCR (2) 621
18
1999 (2) ALT Cri 77, II (1999) DMC 174

“The husband cannot be guilty of rape committed by himself upon his lawful wife, for by
their mutual matrimonial consent and contract the wife hath given up her in this kind unto her
husband, which she cannot retract19
19
MATTHEW HALE, THE HISTORY OF THE PLEAS OF THE CROWN 638 (1736).

3) Whether forceful intercourse by a man with his wife against her will and/or without
her consent can be criminalized as constituting ‘Rape’under provisions of section 375 of
the Penal Code?
The counsel for Petitioner humbly submits before the Hon’ble Court that the forceful
intercourse by a man with his wife against her will and/or without her consent cannot be
criminalized as constituting ‘Rape’ under provisions of section 375 of the Penal Code.
When a person marries someone there is a presumption of consent to have intercourse and
qualifies the test of section 90 of IPC
The initial rationale for the marital exemption clause is based on Sir Matthew Hale’s
statement made in 1678 that “the husband cannot be guilty of rape committed by himself
upon his lawful wife, for their mutual matrimonial consent and contract the wife hath given
up herself in this kind unto her husband, which she cannot retract 20
The premise of the statement was based upon the common law notion of marital unity that
husband and wife were one and a married man could not be held liable for raping himself. In
majority of the countries in the world; husbands enjoy ‘criminal law immunity’ for raping
their wives. Wife rape has existed as long as the institution of marriage 21.
Men are vulnerable to victimization at the hands of women, who file false cases of sexual
harassment, 498-A IPC and domestic violence etc. Men’s Welfare Trust pointed out that
around 62,000 married men commit suicide every year, which is more than double the
suicides by women, with domestic including marital issues being the single largest reason22.
As per the Malimath Committee report, 2013 of the misuse of Section 498 A were taken into
consideration on reform of the criminal justice system. The Committee took view "general
complaint " of section 498 A to be a part of gross misuse.23
The Government of India has filed an affidavit before the High Court of Delhi 24 and
maintained that “it has to be ensured adequately that marital rape does not become an easy
tool for harassing the husbands. The affidavit further maintains that criminalizing rape could
destabilize marriages and make men vulnerable to harassment by their wives.
20
Sir Mathew Hale quoted in Rosemarie Tong, Women, Sex and the Law, 94 (1994).
21
Diana E.H. – Russell, Rape in Marriage, 2nd edn, 2 (1990).
22
“Delhi High Court to Hear NGO’s Plea Opposing Marital Rape”, Indian Express 28, 2017
23
Malimath Committee Report, 2013
24
“Men May Suffer if Marital Rape Becomes Crime, Indian Government Says”, Renters Aug. 30, 2017.

As per the reports of the National Crime Records Bureau (NCRB), out of 4,66,079 cases that
were pending in the start of 2013, only 7,258 were convicted while 38,165 were acquitted and
8,218 were withdrawn. The conviction rate of cases registered under Section 498A IPC was
also a staggering low at 15.6%. This provision has been always been in the news with
allegations of false complaints and very low conviction rate.25
There are many instances where the woman has filed the complaint with a mala fide intention
of causing harassment to her husband and in-laws. In such cases, even though the husband
and his relatives get acquitted, they suffer from immense mental and economic distress. The
media coverage further hampers the reputation of the accused. According to the Indian
Courts, misuse of 498A can be termed as legal terrorism 26
In the case of Jayanti Rani Panda v. State of West Bengal and Ors27,Calcutta High Court
held that the consent of a full-grown woman for an act of sexual intercourse on the pretext of
marriage cannot be construed as Rape.
Bihar High Court held that, Though the lady gave her consent due to the false promise of
marriage, she knew what was being asked from her and what she was giving her consent for.
Hence, there was no misconception of fact and Section 90, I.P.C. has no application”.
Moreover, the Court held that this matter wouldn’t come under the purview of rape 28.
In the case of Araj Sk. v. State of West Bengal29,Calcutta High Court held that such an act is
in any way howsoever could not be construed as responsible conduct but it also won’t count
as rape under Section 376 of IPC.
In the case of Uday vs. State of Karnataka30,Supreme Court held that the act of sexual
intercourse on the pretext of false promise to marry would be considered as a rape if, it
qualifies the following of the two conditions:
a) Consent was given under the misconception of the fact.

b) It must be proved that the person who obtained the consent knew or had reason to
believe that the consent was given in consequence of such misconception.
25
Crime in India 2013 statistics” Published by National Crime Records Bureau
26
https://timesofindia.indiatimes.com/city/delhi/Misuse-of-dowry-provisions-is-legal-terrorism
Court/articleshow/7615680.cms
27
1984 CriLJ 1535
28
Mir Wali Mohammad v. The State of Bihar, 1991 (1) BLJR 247
29
2001 CriLJ 416
30
AIR 2003 SC 1639.

In the case of Deelip Singh v. State of Bihar31,Supreme Court held that it has to be seen
during the inception of the making of the promise, as to if the intention to marry the victim
was true or hoax at the time of making it
In the case of Yedla Srinivasa Rao v. State of Andhra Pradesh32, It is now a settled principle
that there is a distinction between a hoax promise or a mere breach of a promise. Facts of
each case will determine the most probable case scenario w.r.t the present of the classification
of promise. Things to be considered in each case would be varying from social status to the
educational background of the boy, the age of girl, etc.
In the case of Prashant Bharti v. State of NCT of Delhi33, While the victim side of story is
always given the preference, but if there arises a doubt in the mind of Court, Court will not
proceed with the conviction based on the statement of Victim. Here in the present case, the
victim was already married at the time of sexual intercourse. Therefore, the plea that the act
of sex as done on the fake promise of marriage is baseless and the act wouldn’t be considered
as an offence of Rape under Section 376 of IPC
In the case of Anurag Soni v. The State Of Chhattisgarh34,There is a distinction between a

promise to marriage which is unfulfilled and there a promise which is just a hoax and it is the
later one which will be concluded as misconception of fact and accused can be charged for
the offence of rape.
In the case of Pramod Suryabhan Pawar v. The State of Maharashtra &Ors35, Court held
that to summarize the legal position that emerges from the above cases, the “consent” of a
woman with respect to Section 375 must involve an active and reasoned deliberation towards
the proposed act. To establish whether the “consent” was vitiated by a “misconception of
fact” arising out of a promise to marry, two propositions must be established. The promise of
marriage must have been a false promise, given in bad faith and with no intention of being
adhered to at the time it was given. The false promise itself must be of immediate relevance,
or bear a direct nexus to the woman’s decision to engage in the sexual act.”
31
Deelip v. State of Bihar AIR 2005 SC 203
32
(2006) 11 SCC 615.
33
9 scc 293
34
AIR 2019 SC 1857 : 2019 (2) Crimes 162 : 2019 CrLJ 2508 : 2019 (4) JT 309 : 2019 (2) RCR(Criminal) 852 :
2019 (6) Scale 2112019 (2) JLJR 358 : 2019 (2) PLJR 371
35
9 SCC 608.

HC: We have no qualm in quashing Matrimonial Disputes settled outside the Court, Read
Order
'Strong allegation made by the appellant wife in her written statement and in her oral
evidence adduced before the trial Court to the effect that the petitioner husband and his
family members had forced her to undergo abortion, is not at all supported by any documents
produced before the trial Court. The medical documents produced before the learned trial
Court do not indicate any finding by a medical professional which would suggest abortion let
alone forcible abortion on the appellant wife.
The allegation of forcing her to undergo forcible abortion being a very serious allegation
against the husband without corroboration has to be construed to be an act of cruelty. Such
unfounded serious allegations made by the appellant wife against the husband amounts to
acts of cruelty as had been held by the Apex Court.
Divisonal Bench relied on Supreme Court Judgement titled Vijaykumar Ramchandra Bhate
vs. Neela Vijaykumar Bhate36, where it was held that, mere questioning the integrity and
character of wife (or husband), judged by the Indian Standard would amount to the worst
form of cruelty and insult, sufficient to substantiate cruelty in itself towards the husband (or
wife) and their family members
High Court's decision:
'As discussed hereinabove, there is not even an iota of evidence to suggest that abortion has
taken place. Medical record only suggests a case of urinary tract infection. Therefore, it
stands established that such slanderous accusation has been made against the respondent-
husband without any basis. Such accusations attributing criminal actions to the husband for
which even medical record was submitted by the wife would certainly establish cruelty
towards the husband.
36
(2003) 6 SCC 334

Clearly, as held hereinabove, the medical record does not even suggest that abortion had
taken place. Such imputations clearly tantamount to assault on the reputation and status of the
husband and would have stigmatic impact. With such imputations being made, it can safely
be concluded that conducive matrimonial home cannot be maintained between the wife and
the husband, in such circumstances. The imputations made are a conscious and deliberate act
for pungency through documents which stand belied.
In RTI Foundation v. Union of India37,the Central Government submitted to Hon’ble High

Court of Delhi that Criminalizing Marital Rape may destabilize institution of marriage.
Central Government further submitted that that merely deleting Exception 2 will in no way
serve any useful purpose as a man is said to commit 'rape' as defined under Section 375 of
IPC cannot be the same in the case of marital rape. If all sexual acts by a man with his own
wife will qualify to be marital rape, then the judgment as to whether it is a marital rape or not
will singularly rest with the wife. The question is what evidences the Courts will rely upon in
such circumstances as there can be no lasting evidence in case of sexual acts between a man
and his own wife
In the case of Preeti Gupta &Anr. v. State of Jharkhand38,In the present case, the allegations
of harassment of husband’s close relations who had been living in different cities and never
visited or rarely visited the place where the complainant resided would have an entirely
different complexion. The allegations of the complaint are required to be scrutinized with
great care and circumspection. Therefore, in the interest of justice, the court directed to quash
all the charges filed against the appellants as the same could not be proved.
In the case of Arneshkumar v. State of Bihar39, The Court observed that since Section 498A
is a cognizable and non-bailable offence, women often use it as a weapon rather than a shield
to harass her husband and his relatives. Sometimes, even the bedridden grandparents of the
husband, their relatives living abroad are brought under this provision on false allegations.
The Court laid down certain guidelines stating that arrest under this section must be made
after reaching reasonable satisfaction and after conducting a proper investigation as to the
genuineness of allegation. The Magistrate shall not order detention casually and
mechanically. The Court, therefore, granted provisional bail to the accused.
37
Petition [C] No.2675 of 2012 in WP[C] No.210 of 2012
38
(2010) 7 SCC 667
39
(2014) 8 SCC 273

The 172nd Report by the Law Commission rejected the possibility of entirely removing the
Marital Rape Exemption on the ground that this would be an excessive interference with the
marital relationship 40.
Many jurisdictions in the world have talked at length about how difficult and challenging it is
for an accused man to defend himself from any false accusations, on the other hand how easy
it is to corner the alleged men for the harassment accusations. The matter that needs focus in
the sphere of Rape cases is false statements, blindly trusting victim’s accusations leads to
gross injustice to the person accused. The claims could be out of vengeance or other reasons.
Moreover, with the latest 2013 criminal law amendment in India, the probability of fake or
false rape complaints under the excuse of one or other has increased. The Police had found
2,875 cases in 2018 to be false41.
40
Law Commission of India, ‘Review of Rape Laws’ (2000) Report No 172 [3.1.2.1]
41
Shemin Joy, Conviction Rate for Rape cases is only 27.2 %, Deccan Herald (Jan 9, 2020, 15:51),
https://www.deccanherald.com/national/conviction-rate-for-rape-cases-is-only-272-792820.html

4 ) Whether the offence of Rape under section 375 of the Sindhu Desh Penal code is
required to be made gender neutral ?
The counsel for Petitioner humbly submits before the Hon’ble Court that Rape under section
375 of the Sindhu Desh Penal code must be made gender neutral as sexual assault and abuse
are not restricted to women and children only. Crimes like rape occur regardless of gender,
caste, color, nationality, and sexual orientation
The wife did not allow husband to establish sexual relations with her. She also lodged FIR
with Police against husband and in-laws for offences under sections 498A and 406 of Indian
Penal Code for which they were arrested and remained in jail. The Wife in Court itself
exhibited her adamant and callous attitude towards her husband, which showed that she was
bent upon treating husband with mental cruelty. Hence the court granted divorce in favor of
husband42
Recognizing male victims of sexual abuse as a distant reality has been overlooked by framing
sexual violence as a feminist issue. The absence of legal action against male sexual
victimization is mostly due to decreased reporting of male sexual violence and victims’
reluctance to come forward. If a male is sexually assaulted by another male, Section 377 of
the Indian Penal Code, 1860 applies; but, if he is assaulted by a girl, no particular legal
provision exists. It is critical to pay close attention to the definitions, categories, and types of
sexual victimization that need to be altered in order to minimize gender prejudice. In this
definition gender-specific term “women” was replaced by “person” to include male victims in
the ambit of definition. Similarly, in Northern Ireland also rape laws have been changed to
recognize the rape of men. The earlier definition of rape includes the term “non-consensual
intercourse by a man” which was later replaced by “non-consensual intercourse by a person”
under “Criminal Justice (Northern Ireland) Order, 2003” to provide justice to male victims of
rape and make the law gender-neutral43
42
Mama Goyal v. Ramgopal, AIR 2011 Raj 107: 2011 (3) CCC 754: 2011 (2) Raj LW 1463; Rishivesh Sharma
Pandey, (2002) SCC 73: AIR 2002 SC 591: 2002 AIR Suraj Sharma, 2006 DNJ (SC) 1061; Savitri Pandey v.
Prem Chandra SCW 182; SusarlaShubramanya Sastry II (2005) DMC 707 Padonakshi, (DB); Vinita Saxena v.
Pankaj Pandit, AIR 2006 SC 1662: (2006) 3 SCC 778: 222: (1973) 75 Punj LR (D) 168; Parveen Mehta v. 2006
AIR SCW 1585; Rita Nijhawan V. Shri BalkishanNijhawn, AIR 1973 Del 200: 9 (1973) DIT 5 SCC 706.
43
Criminal Justice (Northern Ireland) Order, 2003

“Section 376 is not a gender-neutral provision. If a woman tricks a man under false promise
of marriage, she can’t be prosecuted. But a man can be prosecuted for the same offence.
What kind of law is this? It should be gender-neutral.”
“It is to be remembered that the statutory provisions of the offence of rape as understood in
the Indian Penal Code, is not gender-neutral. A woman, on a false promise of marrying and
having a sexual relationship with a man, with the consent of the latter obtained on such false
promise, cannot be punished for rape. However, a man on a false promise of marrying a
woman and having a sexual relationship with the woman would lead to the prosecution’s case
of rape,” the verdict said 44
The bill duly recognized the case of Criminal Justice Society of India v. Union of India
&Ors45, where the Hon’ble Supreme Court, in an order dated November 12, 2018, recognized
merit in the petitioner’s plea for gender-neutral rape laws and requested that the Parliament
consider it
It also acknowledges the Universal Declaration of Human Rights which was approved by the
United Nations General Assembly in 1948 to give effect to the UN’s commitment to
preserving all people’s human rights to equality and freedom from discrimination. It is
important to note that India is a signatory to the said declaration 46
It’s worth noting that The Law Commission of India’s 172nd Report, which came out after
the sequel to Sakshi v. Union of India (2004), recommended enacting gender-neutral sexual
offence laws and broadening the scope of Section 375 of the Indian Penal Code 47
In 2013, the Justice Verma Committee, mindful of the complexities of Indian criminal law
and its evolving nature, reiterated the necessity for gender-neutral legislation covering sexual
offences48
The neutrality of laws on rape should be strengthened after the case of Navtej Johar v. Union
of India49, which read down Section 377 of the Indian Penal Code, 1860 and decriminalised
gay or transgender consensual sex.
44
Report
45
Writ Petition (Civil) No. 1262/2018
46
UDHR
47
172nd Law commission report
48
J .Verma committee report, 2013
49
(2018) 10 SCC 1

Dating as far back as the seventeenth century when Lord Hale asserted that rape is “an
accusation easily to be made and hard to be proved and harder to be defended by the party
accused50
The criminal justice system has been obsessively concerned with false allegations of rape51
Feminist activism and emerging feminist scholarship on sexual violence have shown the
problematic repercussions for rape victims in the criminal justice system through
documenting the stereotypical male perceptions that have shaped the definition of rape,
including crucial evidentiary rules. 52
Every man is entitled to take legal re-course if sexual assault is committed against him. Even
men have dignity and any one found violating it must be sternly punished and should not be
allowed to escape with impunity. Moreover, why is it always presumed that man cannot be
the victim and always is the aggressor only. every man has a different nature just like every
woman has a different nature. So, it will not be fair to place all men on the same platform.
They too should have the right to duly take proper legal recourse and make sure that the
accused don't escape either lightly orno punishment at all as all this only serves to further
demoralize the victim and a sends a completely wrong message down the line to one and all.
There is not one bona fide reason as to why this proposal to broaden the definition of rape by
making it totally gender should not be welcomed with both hands. It is a laudable and very
historic step which will benefit all those men or boys who in spite of facing sexual assault of
the worst kind are compelled to suffer everything in silence. It will serve as a bridge to fill the
long felt gap in our statute books which was devoid of any remedy and all this in spite of so
many cases of sexual assaults especially on young adolescent boys or even minor boys who
50
2 SIR MATTHEW HALE, THE HISTORY OF THE PLEAS OF THE CROWN 634 (Vol. 1, 1736).
51
3 Philip N.S. Rumney, False Allegations, 65 CAMBRIDGE L.J. 128 (2006) (reviewing a variety of studies in
England, Scotland, U.S. and elsewhere that deal with the prevalence of false rape allegations and the legal
treatment of rape complaints, and showing that there is a common theme of a biased and stereotypical approach
followed by police when dealing with rape complaints). See SHARON GRACE ET AL., RAPE: FROM
RECORDING TO CONVICTION (1992); S.J. Lea, Attrition in Rape Cases, 43 BRIT. J. CRIMINOLOGY 583,
593 (2003); Liz Kelly et al., A Gap or a Chasm? Attrition in Reported Rape Cases, HOME OFF. RES. STUD.
293, 46–47 (2005)
52
Morrison Torrey, Feminist Legal Scholarship on Rape: A Maturing Look at One
Form of Violence Against Women, 2 WM. & MARY J. WOMEN & L. 35 (1995); Morrison Torrey,
When Will We Be Believed? Rape Myths and the Idea of a Fair Trial in Rape Prosecutions, 24
U.C. DAVIS L. REV. 1013 (1991) [hereinafter Fair Trial]; Christina E. Wells & Erin Elliot
Motley, Reinforcing the Myth of the Crazed Rapist: A Feminist Critique of Recent Rape
Legislation, 81 B.U. L. REV. 127 (2001); Katie M. Edwards et al., Rape Myths: History,
Individual and Institutional-Level Presence, and Implications for Change, 65 SEX ROLES 761
(2011).

were left with no option but to suffer everything in silence about whom there was no one to
raise their voice and support of rendering justice to them by punishing those guilty who are
only left as more vulnerable as sitting ducks whom any one could strike at their sweet will
and yet escape without facing any punishment of any kind. I am sure that it will at least
minimize to some extent the endless discrimination which such minor boys or seven men in
many cases face but which on one believes and they earlier could not resort to any legal
remedy and had no option but tosuffer everything in silence 53.
Sexual assault and abuse are not restricted to women and children only. Males are also
sexually assaulted. Men and boys are reluctant to report the crime of rape; as a consequence,
male rape is grossly underreported and undertreated, Most male rape victims are raped by
other men by being forced to submit to anal intercourse, oral sex, mutual masturbation,
masturbation of the offender, or other sex acts. In addition, women can commit indecent
assault on men in that they can be coerced or intimidated into sexual behavior they do not
desire. Furthermore, a percentage of sexual abuse is perpetrated by adult females on young
boys. Most male rape victims do not report their assaults, nor do they receive medical
attention or counseling.54
This decade has always recognized the need for a ‘gender neutral’ society. The Oxford
dictionary describes ' gender neutrality' as an adjective for male and female sexes, applicable
or common. It describes the idea that policies, language and other social institutions should
avoid distinguishing roles by sex or gender and stresses the equal treatment of men and
women without any discrimination55.
The Indian Penal Code lists down all cases and punishments which a person who commits
any crime is liable for and covers any Indian citizen or person of Indian origin. Every person
shall be liable to punishment under this Code and not otherwise for every act or omission
contrary to the provisions thereof, of which he shall be guilty within India. As laid down in
this section, the law does not distinguish between criminals, and anyone who has committed
an offense is punishable under this Code. However, the assumed belief that every kind of
53
"Making Rape Law Gender Neutral", by Sanjeev Sirohi, S/o Col. B.P.S. Sirohi, A-8, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut-250001, U.P., Quoted in the Criminal Law Journal, May-2013, at pages
79 &80
54
Lyon's Medical Jurispurdence& Toxicology, 11th Edition, at page 496
55
Gender Neutrality Oxford Dictionary

violence is perpetrated by men not only creates a gender divide in the society but also acts as
a safeguard for the offences committed by women56.
One of the few anti-male laws in the Indian Penal Code is the section 375 on rape. As per this
section it is mandatory to be a man to officially rape someone, and a woman to officially get
raped. This section does not accept men as victims of rape 57
The anti-sodomy law of India i.e. Section 377, IPC which has now been read down by the
Indian Supreme court, was the only resort for male sex victims. However even with respect to
section 377 in case a male victim was attacked by a male attacker, it was not regarded as
rape. There is absolutely no difference between consensual and non-consensual sex between
male adults as per the law. In addition, if a woman is the perpetrator, the victim is left with no
resort in order to seek justice 58.
Other aspects regarding sec 375 which highlight the gender inequality in the law are as
follows:
a) A man having sexual intercourse without the will of a woman: There is no way to
prove the will of a woman. A woman could have had consensual sex and still claim
rape with a vengeful attitude.
b) As per section 376B/C/D, IPC public servants/ higher-ups who seduce a woman
taking advantage of their position and have sex with her are liable to incarceration.
There is no such penalty for women seeking sexual favors from men. Likewise, men
are not protected against false and frivolous claims made by women with malicious
intentions59.
c) A man cannot break up with a woman with whom he had sex after promising to marry
her. Otherwise, he would be perceived as a rapist as per the Indian laws. In case a girl
does the same thing, it would be regarded as women empowerment.
d) There is no age of consent in the case of men. A 16year old boy can be charged of
rape even in a case where he has consensual sex with a girl of the same age.
As far as rape reforms in India are concerned, the Verma Committee's recommendations must
be re-examined and the gender neutrality of rape and sexual assault, as mentioned in the
56
Sec. 2, The Indian Penal Code, 1860
57
58
59

recommendation, must be put forth as law. Only by recognizing male rape, can men come up
with their complaints and seek justice. It will also have a psychological effect on the psyche
of males; that if they are included in the definition of rape, they will realize that such a
heinous crime can be committed even against them by another person be it a male or a
female, and that they will have to face the same amount of pain and agony just like a female
does. Crimes like rape occur regardless of gender, caste, color, nationality, and sexual
orientation60.
Provisions should be made where the plight of a man can be heard without any hesitation on
his part and allows him to report such crimes without any fear. The current definition of rape,
as laid down in the IPC, does not protect male rape victims. Thus, there is an urgent need for
the introduction of a gender-neutral rape law which comprises of reliefs for both male and
female. It is time for men and women to unite and speak with one voice in building a culture
against rape.
60
Justice J.S.Verma, Justice Leila Seth and Gopal Subramaniam, Report Of The Committee On Amendments To
Criminal Law, 2013.

PRAYER
Wherefore in the light of the issues raised, arguments advanced, and authorities cited, the
counsel for Petitioner most humbly and respectfully prays that this Hon’ble Court may
kindly adjudge, hold and declare that:
1) Special Leave Petition filed under Article 136 of the Constitution of Sindhu Desh is
proper and valid.
2) Exception 2 of section 375 of the Sindhu Desh penal code is not violative of Article
14,19, 21 of the Constitution.
3) Forceful intercourse by a man with his wife against her will and/or without her consent
cannot be criminalized as constituting ‘Rape’under provisions of section 375 of the Penal
Code.
4 )The offence of Rape under section 375 of the Sindhu Desh Penal code should be made
gender neutral.
Or any other relief that the Hon’ble Court may deem fit in the light of equity, justice and
good conscience. And for this act of kindness the Petitioner shall forever humbly pray.
Date:
Place:
Counsel for Petitioner.


Special Leave Petition (Criminal) No. - OF 2022 (Filed Under Article 136 of The Constitution of Sindhu Desh)

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Special Leave Petition (Criminal) No. - OF 2022 (Filed Under Article 136 of The Constitution of Sindhu Desh)

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SEVENTH BMSCL NATIONAL MOOT COURT COMPETITION - 2022

7TH BMS NATIONAL MOOT COURT COMPETITION

BEFORE THE HON’BLE SUPREME COURT OF SINDHU DESH

Special Leave Petition (Criminal) No. __________OF 2022

IN THE MATTER BETWEEN

REPUBLIC OF SINDHU DESH & ORS .......... Petitioner

LAILA & ORS .......... Respondent

MEMORANDUM AND PLEADINGS

1. LIST OF ABBREVIATIONS 3-4

2. INDEX OF AUTHORITIES 5-9

i) Cases Referred 5-6

MEMORANDUM ON BEHALF OF THE PETITIONER 2

SL.NO ABBREVIATION EXPANSION

1 AIR All India Reporter

5 IPC Indian Penal Code

7 SLP Special Leave Petition

10 W.B West Bengal

11 UOI Union Of India

14 MRE Marital Rape Exemption

15 A.P Andhra Pradesh

16 D.V Domestic Violence

17 NCRB National Capacity Territory

19 NCT National Capital Territory

20 RTI Right To Information

MEMORANDUM ON BEHALF OF THE PETITIONER 3

21 FIR First Information Report

24 SCC Supreme Court Cases

25 SCR Supreme Court Reports

29 UDHR United Declaration Of Human Rights

30 RCR Restitution of Conjugal Rights

31 CrLJ Criminal Ledger Journal

MEMORANDUM ON BEHALF OF THE PETITIONER 4

MEMORANDUM ON BEHALF OF THE PETITIONER 5

ii) Books Referred:

India Constitutional Law, M P Jain, 8th Edition, Lexis Nexis.

The Constitution of India, P.M.Bakshi, Lexis Nexis - Universal law publishing.

MEMORANDUM ON BEHALF OF THE PETITIONER 6

Law Relating to Cruelty to Husband, P.K.Das, Third Edition, Universal law

iv) Online Resources :

MEMORANDUM ON BEHALF OF THE PETITIONER 7

2. Indian Penal Code, 1860

3. Indian Evidence Act,1872

7. Protection of Children from Sexual Offences Act, 2012

vi) Reports, Articles &Covenants :

2. Recognized by the law commission of India in its 172nd Report

4 Malimath Committee Report, 2013

6 Crime in India 2013 statistics” Published by National Crime Records Bureau

7 Crime in India 2013 statistics” Published by National Crime Records Bureau

MEMORANDUM ON BEHALF OF THE PETITIONER 8

13 172nd Law commission report

14 J .Verma committee report, 2013

MEMORANDUM ON BEHALF OF THE PETITIONER 9

MEMORANDUM ON BEHALF OF THE PETITIONER 10

MEMORANDUM ON BEHALF OF THE PETITIONER 11

--- ISSUE 1 ---

--- ISSUE 2 ---

--- ISSUE 3 ---

--- ISSUE 4 ---

MEMORANDUM ON BEHALF OF THE PETITIONER 12

MEMORANDUM ON BEHALF OF THE PETITIONER 13

MEMORANDUM ON BEHALF OF THE PETITIONER 14

 The constitution of Sindhu Desh vest "discretionary power" in the Supreme