Chhattisgarh HC Rules Unnatural Sex by Husband Without Wife’s Consent Not an Offence

The Chhattisgarh High Court ruled that a husband cannot be prosecuted for rape (under section 376 of the IPC) or unnatural sex (under section 377 of the IPC) for any sexual intercourse, including unnatural acts, with his adult wife without her consent. This was pronounced by a single bench headed by justice Narendra Kumar Vyas. The judge has given the finding that a wife's consent for sexual inter course or unnatural acts is "insignificant" in such cases.

"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.” LiveLaw quoted the HC judge.

Also Read: India’s Got Latent Row: Aamir Khan’s ‘Not Funny at All’ Criticism of 2015 AIB Roast Resurfaces

The Case

A husband against whom the unnatural sexual activity with the wife on 11th December 2017 under coercion was alleged. The wife died after hospitalization, and her statement stated that she fell ill due to hot and forceful sexual causing by husband.

Postmortem showed that the peritonitis and rectal perforation caused death due to perforation in rectum.

Thus the trial court convicted him under IPC sections 377, 376, and 304 (culpable homicide not amounting to murder) and sentenced him to 10 years of imprisonment. He preferred an appeal in the High Court.

Chhattisgarh High Court's Reasoning

Justice Vyas addressed two important questions: whether Sections 376 and 377 of the IPC apply where the accused and the victim are husband and wife, and whether Section 304 IPC is applicable.

"In light of Sections 375, 376, and 377 of the IPC, the HC held that the amended definition of Section 375 IPC implies that the offences provided by Section 377 IPC being between a husband and wife are not at all applicable and rape cannot be proved."

The court referred to Exception 2 to Section 375 IPC, which clarifies that sexual intercourse or sexual acts by a man with his wife do not constitute rape as long as the wife is not a minor. As such, any unnatural acts performed by a husband upon his wife, who is legally an adult, cannot fall under that section.

Also Read: Janhvi Kapoor Enjoys Madurai Bun Butter Toast With a Bougie Twist – Recipe Inside!

Such a man is an offender 'man' and is also in the nature of 'husband', such a woman is a 'woman' but also a 'wife' and since the parts used for such intercourse are common, then the act committed as between husband and wife cannot be proved as an offence under Section 375 IPC.

Therefore, if the wife is more than 15 years old, then there is no possibility of defining any act or act of sexual intercourse by the husband as rape, as the wife's consent is immaterial. Thus it was considered that no offences under Sections 376 and 377 IPC were made out against appellant.

Culpable Homicide Charge Overturned

The Chhattisgarh High Court considered the conviction under Section 304 IPC as sour "perverse", observing that the trial court did not explain how Section 304 is made prima-facie or proved by prosecution. Thus, it reversed this conviction.

The husband is acquitted of all crimes and ordered to be released from custody. This ruling strengthens the legal exception for rape in India and has ignited debate while raising issues related to the rights of women and bodily autonomy in marriage.

Also Read: PM Modi in France LIVE: India to Host Next AI Action Summit, Announces France