Bhopal: The Madhya Pradesh High Court has ruled out that unnatural sex with wife is not considered rape, even if it is non-consensual.
Single-judge Justice Gurpal Singh Ahluwalia said that a husband engaging in unnatural sex with his wife won’t considered as rape even if it’s non-consensual as long the wife was not below 15 years.
“In view of the amended definition of ‘rape’ under Section 375 of IPC by which the insertion of penis in the anus of a woman has also been included in the definition of ‘rape’ and 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 recognised so far,” the High Court said.
Justice GS Ahluwalia further said that since unnatural sex by a husband with his “legally wedded wife residing with him” is not an offence under Section 377 of the IPC, “no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not”.
The order stated, “Marital rape has not been recognized so far. Accordingly, an FIR in Crime No.377/2022 registered at Police Station Kotwali, Jabalpur, and criminal prosecution of the applicant (husband) is hereby quashed.”
In the year 2019, a wife filed an FIR against her husband, alleging that after their marriage, when she returned to her matrimonial house for the second time, he engaged in unnatural sexual acts with her.
The husband then moved the Madhya Pradesh High Court challenging the FIR and requesting to quash it. He argued that any instance of unnatural sex between him and his wife would not amount to an offence under Section 377 of the IPC.