Section 498A · 6 August 2026
FIR Alleging Black Magic & Marital Rape Quashed as Abuse of Process
High Court of Rajasthan (Jaipur Bench) · 2026 LiveLaw (Raj) 319
Four years after marriage and one year after the birth of a daughter, the wife lodged an FIR claiming the husband had used medicines and black magic to induce marriage and had thereafter committed cruelty and sexual assault.
The High Court held that lodging delayed criminal complaints with vague and bizarre allegations of black magic years after cohabitation and childbirth is an abuse of judicial process. Furthermore, allegations of rape between legally wedded adult spouses are precluded by Exception 2 to Section 375 IPC.
Relevant provisions: Section 482 CrPC (Section 528 BNSS) / Exception 2 to Section 375 IPC (Section 63 BNS)
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