The Madhya Pradesh High Court has ruled that unnatural sex with a legally wedded wife who is over fifteen years old does not constitute an offence under Section 377 of the Indian Penal Code (IPC). The ruling, delivered by Justice Gurpal Singh Ahluwalia, emphasized that if a wife is living with her husband during a valid marriage, any sexual act between them is not considered rape.
The court noted that the absence of consent in cases of unnatural sex between a husband and wife is irrelevant under the current law. The court highlighted that marital rape has not been legally recognized in such circumstances.
The case involved an application to quash an FIR filed under Sections 377 and 506 of the IPC. The FIR was lodged by the wife on August 24, 2022, alleging that the husband had committed unnatural sex with her on multiple occasions and threatened her to remain silent. The wife had initially moved to her father’s house due to harassment over dowry demands and later reported cruelty, which is still pending trial.
The wife’s FIR claimed that the husband committed unnatural sex on June 6-7, 2019, and continued the acts later. The husband’s counsel argued that since they were married, unnatural sex did not violate Section 377, and the additional claims were made to change the nature of the offence.
The court considered whether a husband, while residing with his wife, could be guilty of marital rape or if the wife’s consent could be questioned. The court referred to Section 375 Exception 2 of the IPC, which states that sexual acts with a wife over fifteen are not classified as rape. The court acknowledged that rape laws now include various sexual acts but stressed that consent becomes irrelevant in such cases when the wife is not underage.
The court concluded that the FIR did not constitute an offence under Section 377. This decision was supported by a previous judgment in the case of Umang Singhar vs. State of Madhya Pradesh. The court also dismissed arguments about the timing of the allegations as they did not affect the core ruling that unnatural sex between a husband and his wife, while living together, is not an offence under Section 377.
The court therefore quashed the FIR against the husband, finding no grounds for the allegations under the specified sections.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
