Unnatural Sex with Wife Even Without Consent Isn’t Rape: Madhya Pradesh High Court

Bhopal: As marital rape is yet to be recognized as a crime by the Indian law, a man involved in unnatural sex with his wife doesn’t amount to rape and the consent of wife is immaterial, ruled the Madhya Pradesh High Court.

In its order, issued on May 1, the High Court quashed an FIR lodged against a man by his wife accusing him of having unnatural anal sex with her on multiple occasions.

Single-judge Justice Gurpal Singh Ahluwalia said that a husband engaging in anal sex with his wife won’t amount to rape even if it’s non-consensual as long the wife was not below 15 years.

“In view of the amended definition of ‘rape’ under Section 375 of IPC by which the insertion of 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, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognised so far,” the High Court said.

Justice GS Ahluwalia further said that since unnatural sex by a husband with his “legally wedded wife residing with him” is not an offence under Section 377 of the IPC.

The High Court, however, added that the only exception in the case would be Section 376B of the IPC where a sexual act with a wife would be rape if the same is committed during the time when they’re living separately due to judicial separation or otherwise.

In this case registered in 2019, a wife filed an FIR against her husband, alleging that he engaged in unnatural sexual acts with her on multiple occasions. The husband approached the Madhya Pradesh High Court challenging the FIR arguing that unnatural sex between him and his wife would not amount to an offence under Section 377 of the IPC.