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CJI set to retire on November 10, SC defers hearing on marital rape

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NEW DELHI: Supreme Court on Wednesday postponed by four weeks the adjudication of a bunch of PILs seeking to criminalise non-consensual intercourse between husband and wife, which is excepted from the offence of rape under Section 63 of Bharatiya Nyaya Sanhita (BNS) and under Section 375 of its predecessor IPC.

A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, which had heard arguments for a day from senior advocates Karuna Nundy and Colin Gonsalves appearing for PIL petitioners, found itself constrained for time as senior advocates Gopal Sankaranarayanan and Rakesh Dwivedi, and solicitor general Tushar Mehta told the court they would take a day each to advance their pleadings.

With the CJI retiring on November 10 and left with only seven working days due to the week-long Diwali break , the bench found the window too short to conclude the hearing and deliver a verdict.
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