India is a country that cherishes its rich culture in all of its dimensions. Marriage is an important component that demonstrates how our civilisation is organised. Marriage is a legal obligation between two opposite genders people that gives them the legal right to engage in sexual activity with each other. When it comes to women, the question is whether the implicit acceptance granted at the time of appealing into that “contractual binding relationship” entails permission for everything that extends till the end of life or has any limits. To address this, the paper looks at how married women are used without their consent. The study also discusses Section 375 of the IPC and its fundamental and constitutional legitimacy. India is one of those countries that constantly amend its laws in order to upgrade the country’s progress. To upgrade, we must inspect what we are doing and what should be done. The author has provided a different examination of the legislation of different countries with our own country. The Law Commission, Health and family survey Report and the reasons in favour of Marital Rape reinforce the necessity for something about which we are quiet. Thus, matrimony is a bind between couples in which both have their own space and where love rather than compulsion or forcefulness makes marriage extremely lovely. The main focus of this paper is to examine the social & legal elements of marital rape, as well as to show the current situation of marital rape in India and the rest of the world.