Unnatural Sex By Husband Not Offence, Even If By Force: Chhattisgarh High Court

Sex or any sexual act by a husband is "not an offence, even if it involves force", a High Court in Chhattisgarh has ruled. The remark was made by the single-bench while hearing the case of a woman who was subjected to unnatural sex by her husband without her consent in 2017. Following the encounter, the woman was admitted to hospital but unfortunately could not be saved. In her dying declaration, she said the man had performed forceful sexual intercourse on her. Doctors later concluded that the woman’s death was caused by peritonitis and a rectal perforation.

The single bench of Justice Narendra Kumar Vyas observed that holding the 'consent' of the wife in sexual intercourse/unnatural intercourse is insignificant, reported Live Law.

“Thus, it is quite vivid that if the age of the wife is not below 15 years, then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances. As such, the absence of consent of the wife for an 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," the bench said, according to the website.

Marital rape is not a crime in India. Sex by force in marriages is a crime only if the wife is below 18. Therefore, the court added, any unnatural sex cannot be treated as an offence. The husband, who was given a 10-year imprisonment by a trial court, was acquitted of all charges.

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