Madhya Pradesh HC Rules Unnatural Sex with Wife Not an Offense
The Madhya Pradesh High Court has ruled that unnatural sex with a legally wedded wife is not considered an offense, even without her consent, as long as the wife is over fifteen years old. Justice Gurpal Singh Ahluwalia delivered this verdict, emphasizing that under these circumstances, the absence of consent loses its importance since marital rape is not recognized in India.
The court was addressing a plea to quash an FIR lodged under Sections 377 and 506 of the Indian Penal Code (IPC). The case began when the wife filed an FIR on August 24, 2022, at Police Station Kotwali in Narsinghpur District, accusing her husband of unnatural sex and threats. The couple had married on May 18, 2019, but the wife faced physical and mental harassment from her in-laws over dowry demands. She eventually moved to her father’s house on February 14, 2020, and filed a report for cruelty, which is still pending.
In her FIR, the wife claimed that her husband committed unnatural sex with her on multiple occasions, threatening her with divorce if she disclosed the incidents. This led her to file the FIR after missing a court appearance due to fear of her husband’s threats.
The husband’s counsel, Sajidulla Khan, argued that since the couple was married, any unnatural sex did not violate Section 377 IPC. He also pointed out that the wife did not mention these allegations in her initial report, suggesting they were added later to make the offense non-cognizable. However, the wife’s counsel, Umesh Vaidh, maintained that unnatural sex within marriage is punishable under Section 377, and the police acted correctly.
The court referred to Section 375 Exception 2 of the IPC, which states that sexual acts by a man with his wife, provided she is not under fifteen years old, do not constitute rape. The only exception is during judicial separation or other periods of separation, as outlined in Section 376-B of the IPC.
The court noted that rape includes acts such as insertion of the penis into the mouth, urethra, or anus of a woman. However, if these acts are committed with a wife over fifteen years old, her consent becomes irrelevant.
Given these considerations, the court concluded that the allegations did not constitute an offense under Section 377 IPC. This decision was further supported by a judgment from a Co-ordinate Bench in the case of Umang Singhar v. State of Madhya Pradesh.
The court dismissed the FIR against the husband, stating that even if all allegations were taken at face value, no offense under Section 377 IPC would be made out.
Conclusion
The Madhya Pradesh High Court’s ruling emphasizes the legal stance on marital rape and consent, reaffirming that unnatural sex with a wife over fifteen years old is not an offense, even without her consent.
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