India, Sept. 10 -- A woman subjected to involuntary sexual intercourse by her husband is "undoubtedly a victim", the Supreme Court said on Wednesday, while grappling with the larger question whether such a husband can nevertheless be prosecuted for rape when the law - as it stands today, expressly excludes marital intercourse from the offence.

A bench headed by CJI Surya Kant and comprising justices Joymalya Bagchi and V Mohana wondered whether a constitutional court could permit such a prosecution before deciding the validity of the statutory exception under Section 375 of IPC, now carried forward under BNS.

"The question is also how a person can be punished for his conduct when the offence itself is defined in a particular manner," ob...