Unnatural Sex With Wife Not Rape, Absence Of Woman’s Consent Immaterial: MP High Court – News18

The Madhya Pradesh High Court in a recent order noted that any sexual act, including unnatural sex, by a husband with his wife will not constitute rape as marital rape is not legally recognised in India adding that the consent of the wife in such cases is immaterial.

The High Court made the observations while dismissing an FIR lodged against one Manish Sahu by his wife alleging, inter alia, a commission of unnatural offence as per Section 377 of IPC, Live Law reported.

In the FIR, the woman claimed that after her marriage, when she went to her matrimonial house for the second time in June 2019, her husband committed unnatural sex with her on multiple occasions.

According to the publication, the order was by a High Court bench of Justice Gurpal Singh Ahluwalia on May 1.

The court further observed that for a woman, not below the age of 15 years, residing with her husband during a valid marriage, sexual acts by her husband will not be considered rape.

The bench also cited an exception to this law, stating that in the case of Section 376-B of IPC, where the sexual act is conducted with his wife during the separate living on account of judicial separation or otherwise, it would be considered rape.

It is important to note that Section 375 of the Indian Penal Code (IPC) defines rape as all forms of sexual assault involving non-consensual intercourse with a woman.

However, as per Exception 2 to Section 375, sexual intercourse between a husband and a wife aged over 15 years of age does not constitute “rape” and thus prevents such acts from prosecution.

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