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The Madhya Pradesh High Court has observed that having unnatural sexual intercourse by a man with his wife will not be considered "rape" as the consent of the wife in such a case becomes immaterial because she was wedded to him. The MP High Court quashed an FIR registered by a wife against her husband, accusing him of having unnatural sex. "This court is of the considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not," a single bench of HC comprising Justice G S Ahluwalia observed. UP girl raped for 3 days, face branded with iron rod in UP's Lakhimpur-Kheri In India 'Marital rape' has not been recognised as an offence. "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," the order stated. The man had filed a petition in court to quash the FIR lodged against him on the complaint of his wife. According to a report by Live Law, the wife lodged the FIR against her husband saying that on the intervening night of June 06, 2019, and June 07, 2019, her husband/applicant committed unnatural sex with her. He continued "unnatural sex" on multiple occasions, she added. Challenging the FIR lodged by the wife, the husband moved the High Court and said he was married to his wife, and any unnatural sex between them was not an offence under Section 377 of IPC. SC permits termination of 30-week pregnancy for minor rape victim However, the court added that the only exception to this position of law is Section 376-B of the IPC where the sexual act with the wife during separate living on account of judicial separation would be considered rape. The court, referring to Section 375, added that sexual intercourse acts by a husband with a wife not under 15 years of age will not amount to rape. Rajasthan school refused rape survivor from taking Class 12 board exams Section 375 of the Indian Penal Code (IPC) says that rape includes all kinds of sexual assault involving "nonconsensual" intercourse with a woman. However, as per the "Exception 2 to Section 375 IPC", sexual intercourse between married couples wherein the wife's age is above 15 years does not constitute "rape" thus preventing such acts from prosecution. Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed - it's all here, just a click away! Login Now!
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Published: 04 May 2024, 02:13 PM IST
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