Chhattisgarh High Court: Non-Consensual Unnatural Sex with Adult Wife Not a Crime Under IPC
The Chhattisgarh High Court has ruled that non-consensual unnatural sex (such as anal sex) by a husband with his adult wife is not a crime under Indian Penal Code (IPC) Sections 375 or 377.
Justice Narendra Kumar Vyas said the ruling was based on Exception 2 of Section 375 IPC, which states that sexual acts by a man with his wife are not considered rape if she is above 15 years of age. The Court clarified that even if the wife does not give consent, such acts do not qualify as rape or unnatural offence under current Indian laws.
The judgment came while hearing an appeal by Gorakhnth Sharma, who had been convicted for rape, unnatural sexual offence, and causing his wife’s death. It was alleged that he inserted his hand into his wife’s anus, causing her severe injuries that later led to her death. Before dying, the woman reportedly said her husband’s unnatural act caused her illness.
Sharma was convicted by the trial court under Sections 375, 377, and 304 IPC, and was sentenced to 10 years in prison.
However, his lawyers argued that the conviction was mostly based on the dying declaration, which lacked supporting evidence. They also said that the woman had a medical history of piles, which may have contributed to her health problems.
The High Court reviewed the evidence, including Sections 375 and 377. It concluded that unnatural sex by a husband with his adult wife is not an offence due to the legal exception in IPC. The Court added that absence of consent in such cases doesn’t matter legally when the wife is above 15 years old.
The Court also found the dying declaration unreliable, noting that it was not backed by any other evidence. Moreover, the Magistrate who recorded the statement admitted that some parts were not included in the final record.
The conviction under Section 304 (causing death by negligence) was also dismissed. The Court said there was no proper legal reasoning by the trial court to support the charge.
As a result, the High Court acquitted Sharma of all charges.
Case Title: Gorakhnth Sharma vs. State of Chhattisgarh
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