- By Nidhi Giri
- Wed, 12 Feb 2025 10:51 AM (IST)
- Source:JND
The Chhattisgarh High Court, in a recent judgement, said that unnatural sex between a man and his adult wife does not merit punishment. The single bench of Justice Narendra Kumar Vyas observed that the husband cannot be prosecuted for a rape offence under Section 376 or unnatural sex under Section 377 of the Indian Penal Code (IPC), reported Live Law. Marital rape is still not a punishable offence in India by law.
The case involves a man whose wife died in hospital after unnatural sex. As per the doctor, the wife had peritonitis and rectal perforation. The recent judgment now excludes unnatural sex out of the ambit of punishment as well.
The man was convicted by a trial court, but got relief from the High Court. He was accused of unnatural sex and culpable homicide not amounting to murder.
The high court held that any sexual intercourse or sexual act between a married couple cannot be termed as rape if she is above the age of 15. In such cases, unnatural sex cannot be treated as an offence.
The court held, “From perusal of Section 375, 376 and 377 IPC it is quite vivid that in view of amended definition of Section 375 IPC, offence under Section 377 IPC between husband and wife has no place and, as such rape cannot be made out.”
"The offence between husband and wife cannot be made out under Section 375 IPC as per the repeal made by way of amendment and in view of repugnancy between both the sections," the judgment read.