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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Marital Rape – The reality behind the curtain of marriage - Judiciary Exams MCQ

Test: Marital Rape – The reality behind the curtain of marriage - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Marital Rape – The reality behind the curtain of marriage

Test: Marital Rape – The reality behind the curtain of marriage for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Marital Rape – The reality behind the curtain of marriage questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Marital Rape – The reality behind the curtain of marriage MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Marital Rape – The reality behind the curtain of marriage below.
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Test: Marital Rape – The reality behind the curtain of marriage - Question 1
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Which type of marital rape involves both physical and sexual violence within the relationship?

Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 1
Battering Rape is a type of marital rape characterized by the presence of both physical and sexual violence within the relationship. Victims in such cases often experience physical abuse during instances of sexual violence, or they may be coerced into sexual acts following violent episodes within the marriage.
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In which category of marital rape does the husband use the necessary amount of force to coerce his wife into sexual acts?

Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 2
Force-Only Rape involves the husband using the required amount of force to compel his wife into engaging in sexual activities against her will. While physical battering might not be a prominent feature in these cases, women who resist such advances often face significant assault and coercion.
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Test: Marital Rape – The reality behind the curtain of marriage - Question 3
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How is rape defined according to Section 375 of the Indian Penal Code?

Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 3
Section 375 of the Indian Penal Code defines rape as sexual intercourse with a woman against her will. This definition includes situations where sexual intercourse occurs without the woman's consent through various means such as coercion, misrepresentation, fraud, intoxication, deception, or if she is of unsound mental health.
Test: Marital Rape – The reality behind the curtain of marriage - Question 4
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What exception clause exists in Section 375 of the Indian Penal Code regarding marital rape?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 4
An exception clause in Section 375 states that sexual intercourse by a man with his own wife is not considered rape if the wife is not under 15 years of age. This exception provides a specific condition under which marital rape is not legally recognized as an offense.
Test: Marital Rape – The reality behind the curtain of marriage - Question 5
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In what circumstances can rape occur without the woman's consent as per the Indian Penal Code?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 5
Rape can occur without the woman's consent through coercion, misrepresentation, fraud, intoxication, deception, or if she is of unsound mental health. These circumstances highlight the importance of understanding the various ways in which consent can be negated in cases of sexual violence.
Test: Marital Rape – The reality behind the curtain of marriage - Question 6
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In what scenarios can a husband be criminally prosecuted for marital rape under the Indian Penal Code (IPC)?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 6
A husband can be criminally prosecuted for marital rape under the Indian Penal Code (IPC) if the wife is between 12-15 years old. This offense is punishable by imprisonment for up to 2 years or both. It's important to note that the law recognizes the vulnerability of minors in such situations and provides legal recourse to protect them.
Test: Marital Rape – The reality behind the curtain of marriage - Question 7
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What is the penalty for a husband who commits marital rape against a wife below 12 years of age according to the Indian Penal Code (IPC)?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 7
If a husband commits marital rape against a wife below 12 years of age, he can face imprisonment for a term not less than 7 years, which may extend to life, or up to 10 years along with a fine. This severe penalty reflects the gravity of the offense and aims to protect minors from such heinous acts.
Test: Marital Rape – The reality behind the curtain of marriage - Question 8
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Under what circumstances can a husband be prosecuted for raping his judicially separated wife as per the Indian Penal Code (IPC)?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 8
A husband can be prosecuted for raping his judicially separated wife under the Indian Penal Code (IPC). In such cases, the husband can face imprisonment for up to 2 years and a fine. This provision acknowledges that consent in a marital relationship remains crucial, even if the couple is not living together legally.
Test: Marital Rape – The reality behind the curtain of marriage - Question 9
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Is marital rape of a wife above 15 years of age punishable under the Indian Penal Code (IPC)?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 9
Marital rape of a wife who is above 15 years of age is not punishable under the Indian Penal Code (IPC). This legal stance highlights the existing gaps in the legal framework regarding marital rape legislation and protection for adult victims, emphasizing the need for broader reforms to address such issues comprehensively.
Test: Marital Rape – The reality behind the curtain of marriage - Question 10
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Why does the legal stance regarding marital rape consider sexual intimacy as an inherent part of the marital contract?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 10
The legal stance that a husband cannot be prosecuted for raping his wife is based on the assumption that consent to marriage implies consent to sexual relations. This perspective views sexual intimacy as an inherent part of the marital contract, emphasizing the marital obligations of the spouses.
Test: Marital Rape – The reality behind the curtain of marriage - Question 11
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How does the current legal framework on marital rape in India impact the fundamental right to equality before the law?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 11
The current legal framework on marital rape in India raises questions about gender equality and the application of fundamental rights, particularly concerning the protection of vulnerable individuals. This inconsistency challenges the principle of equality before the law as enshrined in Article 14 of the Indian Constitution.
Test: Marital Rape – The reality behind the curtain of marriage - Question 12
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What fundamental right guaranteed by the Indian Constitution is highlighted as being violated by the concept of marital rape?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 12
The concept of marital rape in India raises significant concerns regarding the violation of the fundamental right to equality guaranteed by the Indian Constitution. This violation stems from the unequal treatment and lack of protection afforded to individuals, particularly women, within the institution of marriage.
Test: Marital Rape – The reality behind the curtain of marriage - Question 13
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Which legal doctrine forms the basis for the exemption of husbands from prosecution for raping their wives in India?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 13
The legal stance in India that exempts husbands from prosecution for raping their wives is based on the controversial doctrine of Implied Consent. This doctrine posits that consent to marriage is tantamount to consent to sexual relations, thereby creating challenges for wives to assert their autonomy within marital relationships.
Test: Marital Rape – The reality behind the curtain of marriage - Question 14
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What inconsistency related to age of consent is highlighted as a concern within the legal framework discussed?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 14
The legal framework in India raises concerns about inconsistencies in the age of consent, particularly regarding the disparity between the minimum age for marriage and the age at which non-consensual sexual activity with a minor is permitted. This inconsistency poses challenges in ensuring adequate protection for minors within marital relationships.
Test: Marital Rape – The reality behind the curtain of marriage - Question 15
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Which constitutional right is called into question by the lenient punishments prescribed for engaging in non-consensual intercourse with a minor wife in India?
Detailed Solution for Test: Marital Rape – The reality behind the curtain of marriage - Question 15
The lenient punishments prescribed under the Indian legal system for engaging in non-consensual intercourse with a minor wife raise significant questions about the violation of the fundamental right to equality guaranteed by the Indian Constitution. This disparity in punishments underscores the challenges in upholding justice and protection for vulnerable individuals within marital relationships.
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