Madhya Pradesh High Court: Husband Not Liable for Rape Under IPC, Dismisses Wife’s Complaint

The Madhya Pradesh High Court has ruled that since Indian law does not currently recognize marital rape, a husband cannot be prosecuted under Section 377 of the Indian Penal Code (IPC) for non-consensual unnatural sex with his wife.

Court Dismisses Criminal Complaint Against Husband

Justice Sanjay Dwivedi quashed a First Information Report (FIR) filed by the wife of Madhya Pradesh Legislative Assembly member Umang Singhar, who had accused her husband of rape and unnatural sexual acts.

The court ruled that sexual activity between a husband and wife is not limited to procreation and that not all acts beyond conventional intercourse can be labeled as unnatural.

Husband’s Actions Do Not Constitute IPC Offences

The wife accused her husband of forcing her into unnatural sexual acts. However, the husband’s lawyer argued that these acts occurred within the bounds of marriage.

After reviewing both sides, the court concluded that the allegations did not qualify as offences under:

Section 376(2)(n) IPC (rape)
Section 377 IPC (carnal intercourse against the order of nature)

The court also noted that both individuals belonged to the same political party and had married after a long relationship. When their marriage soured, they filed legal cases against each other.

Other Allegations Also Dismissed

The court also dismissed charges under:

Section 294 IPC (obscene acts or songs)
Section 506 IPC (criminal intimidation)

Additionally, it found no evidence of dowry harassment that could support a case under Section 498A IPC (cruelty to a woman).

As a result, the court allowed the husband’s plea to quash the criminal complaint against him.

Reference to Supreme Court Judgment

The High Court referred to the Navtej Singh Johar case, where the Supreme Court ruled that consensual sexual relations between same-sex partners are not criminal.

The court emphasized that sexual relations between a husband and wife play a key role in a healthy marital life and should not be limited to procreation.

“If an act enhances intimacy and pleasure between spouses, it cannot be automatically deemed unnatural,” the court stated.

Conclusion

This ruling reinforces that marital rape is not yet recognized as a crime under Indian law, and courts continue to interpret IPC provisions accordingly.

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