Unnatural Sex With Wife Not Crime: HC

Aakhir Tak – In Shorts:

Chhattisgarh High Court ruled unnatural sex with wife, without consent, is not a crime. The court acquitted a man of rape and other charges. The decision was delivered by Justice Narendra Kumar Vyas. The wife’s age must be above 15 years. The ruling references Sections 375 and 377 of the IPC.

Aakhir Tak – In Depth:

The Chhattisgarh High Court, in a significant ruling, stated that unnatural sex by a husband with his wife, who is not below 15 years of age, cannot be termed as a crime, even without her consent. In the case of unnatural sex, the court acquitted a resident of Jagdalpur of charges of rape and other related offences. Justice Narendra Kumar Vyas delivered the judgement, emphasizing that under the provisions of Section 375 and 377, the rape laws do not apply in the absence of consent between a husband and wife.

The case dates back to 2017, when the man was arrested following the death of his wife. The prosecution argued that the man committed unnatural sex with his wife against her will, leading to her death. The woman, in a statement recorded before a magistrate before her death, claimed her husband forced her. This led to an initial conviction by the trial court.

The lower court had convicted the man under Sections 376 (rape), 377 (section 377 – unnatural sex), and 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) and sentenced him to 10 years of rigorous imprisonment. However, the High Court overturned the lower court’s verdict.

The court stated that, according to Sections 375, 376, and 377 of the IPC, no offence is made out under section 377 between a husband and wife, as per the amendments made to Section 375, where sexual intercourse by a husband with his wife is not considered rape. The court also cited the Supreme Court’s judgement in the Navtej Singh Johar case.

The High Court emphasized that since the amended Section 375 provides an exception for the relationship between a husband and wife, even in the absence of consent, unnatural sex cannot be considered a crime. The court also deemed the conviction of the accused person under Section 304 as erroneous and quashed it. Following this ruling, the man was ordered to be released from jail immediately.

Aakhir Tak – Key Takeaways to Remember:

• Chhattisgarh High Court states unnatural sex without wife’s consent is not a crime.
• The judgement references Sections 375 and 377 relating to rape laws.
• The court acquitted a man from Jagdalpur of all charges.
• Lower court convicted the man, but the High Court reversed decision.
• Supreme Court’s judgement was also cited.

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