GG News Bureau
Raipur, 12th Feb. The Chhattisgarh High Court has ruled that unnatural sex between a man and his adult wife does not merit punishment under Indian law. The judgment came in a case where a man was accused of unnatural sex and culpable homicide after his wife died in a hospital. Doctors diagnosed her with peritonitis and rectal perforation.
The trial court had convicted the accused, but the High Court overturned the verdict, stating that if the wife is over 15 years old, any sexual act by the husband cannot be classified as rape, irrespective of consent. As a result, charges under Sections 376 (rape) and 377 (unnatural offences) of the Indian Penal Code (IPC) could not be upheld against the accused.
“The offence between husband and wife cannot be made out under Section 375 IPC as per the repeal made by way of amendment and in view of repugnancy between both the sections,” the court noted in its judgment.
Currently, marital rape is not punishable under Indian law. The Supreme Court was hearing petitions seeking its criminalization, but proceedings were halted due to the retirement of then-Chief Justice DY Chandrachud. A new bench is expected to resume the hearing.
The Centre has consistently opposed criminalizing marital rape, arguing that it could undermine the institution of marriage. It maintains that Parliament has already enacted measures to protect the consent and dignity of married women within the existing legal framework.
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