Unnatural Sex With Adult Wife, Not Rape: MP High Court Quashes Charge Against Husband

Gwalior: The Gwalior bench of the Madhya Pradesh High Court has held that sexual acts between a husband and wife cannot be prosecuted as "unnatural offences" under Section 377 of the Indian Penal Code (IPC). 

What did the court say?

A single bench of Justice Milind Ramesh Phadke said that any sexual acts, including oral and anal intercourse, committed by the husband upon his adult wife do not constitute rape.

Partially quashing the FIR filed by the wife against husband, Justice clarified the legal position in light of the expanded definition of rape under Section 375 IPC and existing judicial precedents.

What is the case?

A woman had filed an FIR against her husband, accusing him of demanding dowry, and physically and sexually abusing her.

The Bench partially quashed the FIR  and said that "sexual intercourse or sexual acts by a husband with his wife (not being a minor) do not constitute rape, thereby rendering the aspect of consent within marriage legally immaterial for the purpose of prosecuting such acts as rape."

What did the court say about other cases?

The court ordered to quash the proceedings against the husband for the offence punishable under Section 377 of Indian Penal Code (IPC).

Section 375 of the IPC defines the offense of rape, covering sexual acts against a woman’s will, without consent, or with consent obtained by force/fear.

“In view of the expanded definition of rape, which includes acts such as anal and oral penetration, and the statutory exception in favour of marital relations, the offence under Section 377 IPC cannot be invoked for such acts between husband and wife during subsistence of marriage,” the court said on Wednesday.

The court declined to interfere with other charges in the case, including allegations of cruelty related to dowry, assault, and criminal intimidation.