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Madhya Pradesh HC: Unnatural Sex with Wife Not an Offence Under Section 377 IPC

The Madhya Pradesh High Court has ruled that a husband cannot be charged with rape or unnatural sex under Section 377 of the Indian Penal Code (IPC) if the sexual act is with his legally wedded wife, provided she is over the age of 15. The court emphasized that consent in such cases is irrelevant due to the legal protections provided under current laws.

In a decision delivered by Justice Gurpal Singh Ahluwalia, the court ruled that any sexual act between a husband and wife during a valid marriage does not amount to rape, as long as the wife is not below the age of 15. The court noted that marital rape is not recognized under Indian law.

The case stemmed from an FIR filed by the wife in August 2022, accusing her husband of unnatural sex and threats of divorce. The complaint also included allegations of harassment for dowry by her in-laws. The wife claimed that her husband forced her into unnatural sex on multiple occasions after their marriage in May 2019.

The husband’s counsel argued that since the couple was legally married, any sexual acts, including unnatural sex, did not violate Section 377 of the IPC. The court agreed, stating that under Section 375 Exception 2 of the IPC, sexual acts between a husband and wife, if the wife is over 15 years old, do not constitute rape or unnatural sex, regardless of consent.

The court cited a prior decision in the case of Umang Singhar vs. State of Madhya Pradesh, reinforcing that Section 377 does not apply to sexual acts between a husband and wife living together in a valid marriage.

Ultimately, the court quashed the FIR, stating that the allegations made by the wife did not constitute an offence under Section 377.

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