The Supreme Court examined whether a husband can be prosecuted for rape of his wife while the constitutional validity of the marital rape exception remains under consideration. In Hrishikesh Sahoo v. State of Karnataka & Ors., a three-judge Bench considered challenges concerning Exception 2 to Section 375 IPC, corresponding to Section 63 of the Bharatiya Nyaya Sanhita. The Court questioned whether prosecution could continue under the existing statutory framework while the constitutional challenge to the exception remains pending. The proceedings also arose from a Karnataka High Court decision which had permitted prosecution of a husband for allegedly forcing non-consensual sexual intercourse upon his wife. The Court indicated that it would examine both whether prosecution can proceed if the exception remains legally valid and whether the exception itself survives constitutional scrutiny. During the hearing, the Bench discussed Articles 20 and 21, individual autonomy, mens rea and the interpretation of penal provisions. The matter was posted for detailed final hearing, with the constitutional and statutory questions to be considered together.