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11mo ago

Forced Unnatural Sex on Wife Constitutes Cruelty, Rules Madhya Pradesh High Court

Marital rape remains unpunishable under IPC Sections 376, 377; forced non-consensual acts with violence can now be prosecuted as cruelty under Section 498A

The husband challenged the FIR filed by his wife, arguing that unnatural sex with one's wife is not a crime under Indian law.
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Overview

  • Justice GS Ahluwalia’s Gwalior bench held that non-consensual unnatural sex accompanied by physical assault meets the definition of cruelty under Section 498A IPC
  • The court quashed charges under Sections 376 (rape) and 377 (unnatural offences) citing the marital rape exception in current law
  • Criminal proceedings under Section 498A (cruelty) and Section 323 (voluntarily causing hurt) will continue based on the wife’s allegations of violence when she resisted
  • A February Chhattisgarh High Court decision also barred prosecution of husbands for rape or unnatural sex with adult wives regardless of consent, revealing legal inconsistencies
  • Petitions challenging the marital rape exemption are pending before the Supreme Court of India, keeping consent and women’s rights at the forefront of judicial debate