“Unnatural Sex With Wife Not Rape”: Madhya Pradesh HC Dismisses Woman's Plea

Quashing an FIR filed by a wife against her husband accusing him of unnatural offence, Madhya Pradesh High Court observed that any sexual intercourse, including “unnatural sex by a man with a wife, won”t amount to rape.” The Court noted that marital rape is not an offence in India, adding that the consent of the wife becomes irrelevant in such cases, Live Law reported.

The Court was hearing a case lodged by the wife against her husband alleging that the husband committed unnatural sex in multiple occasions with her, and filed an FIR under Section 377 of IPC. The husband, however, challenged the wife”s petition arguing that both the applicant and respondent are husband and wife, and hence any unnatural sex between them is not an offence under Section 377 of IPC. 

The case was heard by the single judge bench of Justice Gurpal Singh Ahluwalia, and the judge observed that as the wife is staying with her husband during the subsistence of a valid marriage, then any sexual intercourse or sexual act by a man with his own wife not below the age of fifteen years will not be rape.

Elaborating on the verdict, Justice Gurpal Singh said that the insertion of a penis in the anus of a woman has also been included in the definition of “rape” and any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape. “Then under these circumstances, the absence of consent of wife for an unnatural act loses its importance. 

The Court also noted the exception to this judgement to a situation. The exception to this position of law is Section 376-B of IPC, where the sexual act with his own wife during the separate living on account of judicial separation or otherwise would be rape.