Non-consensual ‘unnatural sex’ with wife not rape, rules Indian court in case that had led to woman's death
India news | Trending : The high court held that any sexual intercourse or sexual act between a married couple cannot be termed as rape if she is above the age of 15. In such cases, unnatural sex cannot be treated as an offence.
A court in India has ruled recently that unnatural sex between a man and his wife is not an offence of rape, even if it took place without her consent. The rather strange ruling from the high court in the central state of Chhattisgarh came on a case in which the woman died of rectal injuries.
The single bench of Justice Narendra Kumar Vyas on Monday (Feb 10) observed that the husband cannot be prosecuted for a rape offence under Section 376 or unnatural sex under Section 377 of the Indian Penal Code (IPC), reported Live Law. Marital rape is still not a punishable offence by law in India.
“Thus, it is quite vivid, that if the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance. Therefore, this Court is of the considered opinion that the offence under Section 376 and 377 of the IPC against the appellant is not made out,” it said.
All about the case
In late 2017, the man allegedly subjected his wife to unnatural sex against her will. Following this, the woman complained of pain and was admitted to the hospital. According to the doctors, she died of peritonitis and rectal perforation.
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In her dying declaration, the victim accused the husband of forceful sexual intercourse, after which she became ill.
An FIR was registered at the police station against the husband.
While the trial court gave the man a 10-year sentence in prison, the High Court acquitted him of all charges .
It held that any sexual intercourse or sexual act between a married couple cannot be termed as rape if she is above the age of 15. In such cases, unnatural sex cannot be treated as an offence.
The ruling said, “From perusal of Section 375, 376 and 377 IPC, it is quite vivid that in view of amended definition of Section 375 IPC, offence under Section 377 IPC between husband and wife has no place and, as such rape cannot be made out.”
(With inputs from agencies)
