High Court Quashes Unnatural Sex Case Against Man, Affirms Marital Rape Not Recognized

The High Court of Madhya Pradesh has made a significant ruling by quashing an FIR registered against a man accused by his wife of engaging in unnatural sex, asserting that such acts between legally wedded spouses are not considered offences under the law.

In a judgment delivered on Wednesday, Justice G S Ahluwalia, presiding over a single bench, concluded that the act of unnatural sex between a husband and his wife, while they reside together, does not constitute an offence under Section 377 of the Indian Penal Code (IPC). The court’s detailed order, uploaded on its website on Thursday, emphasized that marital rape is not recognized as an offence in law.

The order stated, “This court is of considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not.”

The case pertained to an FIR, registered under Crime No. 377/2022 at Police Station Kotwali, Jabalpur, based on the complaint of the man’s wife. However, the court deemed the allegations insufficient to constitute a criminal offence.

The ruling marks a significant legal precedent, highlighting the absence of legal recognition for marital rape in India. Despite growing calls for legislative reform and societal awareness, the issue remains contentious, with differing perspectives on its criminalization and implications within marital relationships.

The court’s decision to quash the criminal prosecution against the husband underscores the complexities surrounding intimate relations within marriage and the legal framework’s limitations in addressing such matters.

This judgment is expected to spark debates and discussions on the need for legal reforms to address gaps in the protection of marital rights and the prevention of abuse within matrimonial relationships.

If you like this law news, share it with a friend!