Unnatural sex with wife not rape: Madhya Pradesh High Court
What's the story
The Madhya Pradesh High Court has ruled that unnatural sex with one's wife does not constitute rape under the Indian Penal Code (IPC). The court stressed that consent becomes immaterial in such cases. Justice Gurpal Singh Ahluwalia clarified that forced anal sex by a husband on his wife, provided she is at least 15 years old, would not be classified as rape.
Legal interpretation
Court's decision based on revised rape definition
The court's decision was grounded in the revised definition of "rape" under Section 375 of the IPC. Under it, "any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognized so far," the court said.
Case dismissal
Court dismisses complaint against husband
The verdict led to the dismissal of a complaint lodged against a husband. The court also highlighted that unnatural sex within marriage is not an offense under Section 377 of IPC. Consequently, there was no need for further discussions about whether the complaint was based on unfounded accusations. However, an exception exists under Section 376B of IPC for cases where a husband forces his wife into sexual acts while they are living separately due to judicial separation or other reasons.
Legal reference
Wife filed FIR against husband
In this case, the woman filed a FIR against her husband, stating that after their marriage, he participated in unnatural sexual intercourse with her several times. The husband then moved to high court, challenging the wife's FIR. His position was that under Section 377 of the IPC, any instance of unnatural intercourse between him and his wife would not constitute an offense.