The Bharatiya Nyaya Sanhita (BNS) retains the exception for marital rape, meaning forced sex by a husband is not considered rape if the wife is above 18. The law is not fully gender-neutral, as it defines rape with a male perpetrator and female victim, though some provisions address sexual crimes against men and transgender persons. This has led to criticism for not recognizing marital rape and lacking full gender neutrality.

The Bharatiya Nyaya Sanhita (BNS), 2023 retains the exception for marital rape, meaning forced sex by a husband with his wife (above 18 years) is not considered rape under the law.

However, BNS introduces gender-neutral language in some sexual offences, especially those involving children or unnatural acts. But the general definition of rape under BNS remains gender-specific, with the victim as female and the accused as male.

So, while BNS shows some progress in gender neutrality, it does not criminalize marital rape and does not fully adopt gender-neutral rape laws

The Bharatiya Nyaya Sanhita (BNS), India's new criminal law effective from July 1, 2024, retains the marital rape exception. This means that sexual acts by a man with his wife, if she is over 18, are not considered rape under the law . However, the law has made significant strides in other areas.
It has introduced gender-neutral provisions for certain sexual offenses, such as voyeurism and stalking, where the perpetrator is referred to as "whoever" instead of being gender-specific . Additionally, the BNS has increased the age of consent for married women from 15 to 18 years, aligning with the Supreme Court's 2017 judgment in the Independent Thought case .Despite these advancements, the BNS does not criminalize marital rape, and its provisions remain gender-specific in many areas, leaving certain groups without adequate legal protection . The government has opposed criminalizing marital rape, citing concerns about the institution of marriage .