Chhattisgarh High Court Rules Non-Consensual Unnatural Sex with Wife is Not an Offense
The Chhattisgarh High Court recently ruled that non-consensual unnatural sex or any other forced sexual act by a husband on his major wife is not considered an offense under Indian law. The court stated that the husband cannot be held guilty under Section 375 (rape) or Section 377 (unnatural offenses) of the Indian Penal Code (IPC).
Legal Basis for the Judgment
Justice Narendra Kumar Vyas relied on Exception 2 of Section 375 IPC, which states that a man having sexual intercourse or engaging in sexual acts with his own wife is not considered rape, provided she is above 15 years of age.
The court examined IPC Sections 375, 376, and 377, concluding that, following amendments to Section 375 in 2013, an offense under Section 377 does not apply in a husband-wife relationship. The judgment emphasized that since Exception 2 excludes marital intercourse from being classified as rape, unnatural sex under Section 377 also does not qualify as an offense when committed by a husband with his wife.
Case Details and Acquittal
The case involved Gorakhnth Sharma, who was convicted for rape, unnatural offense, and causing his wife’s death by inserting his hand into her rectum. She later complained of severe pain, was hospitalized, and eventually died. Before her death, she made a dying declaration stating that her husband’s unnatural sexual act caused her illness.
Sharma was charged under Sections 375 (rape), 377 (unnatural offense), and 304 (causing death by negligence) IPC. However, some witnesses turned hostile, and the Executive Magistrate who recorded the dying declaration testified that the victim’s statement about forced unnatural sex was not mentioned in the official record.
Despite this, the trial court convicted Sharma, sentencing him to ten years in prison. He then appealed to the High Court.
High Court’s Analysis and Verdict
The High Court reviewed the case and found that rape under Section 375 includes penetration into the vagina, urethra, or anus, but marital intercourse is excluded from being categorized as rape—even without consent. Based on this interpretation, the court ruled that an unnatural act between a husband and wife does not qualify as an offense under Section 377 either.
The court also scrutinized the dying declaration and found it lacked corroborative evidence. Without additional supporting testimony, the declaration was deemed insufficient for conviction.
Additionally, the court noted that the trial court did not provide reasoning for applying Section 304 IPC (causing death by negligence) in this case. It ruled that the conviction under Section 304 was legally flawed.
Conclusion
Considering these factors, the High Court overturned the conviction and acquitted Sharma of all charges.
This ruling has sparked discussions about marital rights and the legal interpretation of non-consensual acts within marriage under Indian law.
Case Reference: Gorakhnth Sharma v. State of Chhattisgarh
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