Further, it is important to understand why existent legislations do not suffice in covering the legal penalisation of marital rape. As several activists and lawyers have pointed out, the DV Act cannot be a replacement for a law against marital rape because it provides civil remedies like protection order, compensation order or residence order. Such remedies assume that the survivor wishes to continue living with her perpetrator and often compels them to return to their husband’s homes while undermining their personal safety. Section 498A, which pertains to a married woman being subjected to cruelty by her husband, has a provision for a penalty of upto three years of imprisonment and fine for the convicted party. When married women are forced to register their complaints of rape under Section 498A due to the marital rape exception in Section 375, they are automatically being discriminated before law in terms of the extent of penalty, by virtue of being married to the accused.