Madhya Pradesh HC Rules That Unnatural Sex With Legally Wedded Wife Is Not an Offense
The Madhya Pradesh High Court has ruled that unnatural sex between a husband and his legally wedded wife is not a criminal offense under Section 377 of the Indian Penal Code (IPC) if they are living together in a valid marriage. The Court also stated that marital rape is not yet recognized in Indian law, making the issue of consent in such cases irrelevant.
A bench led by Justice Gurpal Singh Ahluwalia stated that:
“If a wife is residing with her husband during a valid marriage, any sexual intercourse or act by the husband with his wife, provided she is not below fifteen years of age, will not be considered rape.”
The judgment came while hearing a petition seeking to quash an FIR filed against a husband under Sections 377 (unnatural offenses) and 506 (criminal intimidation) of the IPC.
Background of the Case
The case originated from an FIR filed on August 24, 2022, in Narsinghpur district, where the wife accused her husband of unnatural sex and threats. She claimed that her marriage took place in May 2019 under Hindu customs, but due to dowry-related harassment from her in-laws, she moved back to her father’s house in February 2020.
The wife alleged that her husband forced unnatural sex on her multiple times, starting on June 6-7, 2019, and threatened her with divorce if she disclosed the acts. She filed the FIR after missing a court hearing due to fear of her husband’s threats.
Legal Arguments Presented
- Defense’s Argument: The husband’s lawyer, Sajidulla Khan, argued that since the couple was married, unnatural sex within marriage did not amount to an offense under Section 377 IPC. He also pointed out that the wife had not mentioned these allegations in her first report, suggesting that they were added later to make the case non-bailable.
- Prosecution’s Argument: The wife’s lawyer, Umesh Vaidh, countered that unnatural sex within marriage is still punishable under Section 377 IPC, and the police were justified in filing the charges.
Court’s Decision and Interpretation of Law
The court examined whether a husband can be guilty of marital rape while living with his wife. It referred to Section 375 IPC (Exception 2), which states that sexual intercourse between a husband and wife is not considered rape unless the wife is under fifteen years old.
The only exception is Section 376-B IPC, which applies if the husband forces sex on his wife while they are living separately due to judicial separation.
The Court clarified that:
“If an act includes penetration into the mouth, urethra, or anus of a woman, and if it is committed within a legal marriage where the wife is above fifteen, then her consent becomes irrelevant under Indian law.”
Quashing the FIR
After considering all arguments, the Court ruled that the FIR did not establish a valid offense under Section 377 IPC. It also referred to a previous ruling in Umang Singhar v. State of Madhya Pradesh (2023 SCC OnLine MP 3221), which supported the same legal position.
The Court dismissed the argument that the timing of the allegations suggested they were fabricated, stating that such deliberations were unnecessary given the legal stance on the issue.
Finally, the Court quashed the FIR against the husband, reaffirming that unnatural sex between a husband and wife is not criminalized under Indian law unless they are legally separated.
Conclusion
This ruling clarifies that Indian law does not currently recognize marital rape, and any unnatural sex within a valid marriage does not amount to an offense under Section 377 IPC. The judgment highlights the ongoing debate over marital consent and sexual rights within marriage in Indian law.
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