The Madhya Pradesh High Court has ruled that unnatural sex between a husband and his legally wedded wife, who is above 15 years of age and living with him, does not amount to rape under Indian law. The court stated that in such cases, the wife’s consent is legally irrelevant because marital rape is not recognized in India.
Justice Gurpal Singh Ahluwalia delivered the verdict while hearing a plea to quash an FIR filed under Sections 377 (unnatural offences) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The case involved a wife who filed an FIR alleging that her husband had committed unnatural sex on multiple occasions and threatened her with divorce if she spoke about it. She claimed that the incidents took place in June 2019 and later, but she only reported them after feeling unsafe due to his threats.
The husband’s lawyer argued that since the couple was married, the act did not fall under Section 377 IPC. The wife’s lawyer countered that unnatural sex within marriage should still be punishable.
The court referred to Section 375 Exception 2 of the IPC, which states that sexual acts by a man with his wife (over the age of 15) do not constitute rape. The only exception is under Section 376-B IPC, which applies when a husband and wife are living separately under judicial separation or other circumstances.
The court further clarified that although the legal definition of rape includes acts like penetration into the mouth, urethra, or anus, such acts between a husband and wife living together do not require the wife’s consent under current law.
Finding no offence under Section 377 IPC, the court quashed the FIR, stating that even if all allegations were taken at face value, no legal case was made out.
Cause Title: Manish Sahu v. State of Madhya Pradesh
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