The Allahabad High Court has stated that marital rape cannot be deemed a criminal offence under the Indian Penal Code (IPC) when the wife is over the age of 18. This observation was made during the acquittal of a husband accused of committing an ‘unnatural offence’ against his wife.
In its ruling, Justice Ram Manohar Narayan Mishra’s bench also highlighted that in the anticipated Bhartiya Nyay Sanhita, intended to replace the Indian Penal Code, there is no equivalent provision to Section 377 IPC.
'Marital Rape No Offence If Wife Is 18 Or Above': Allahabad HC Endorses MP HC's View That Husband Not Liable U/S 377 IPC For Unnatural Sex | @ISparshUpadhyay#MaritalRape #AllahabadHighCourt #MadhyaPradeshHighCourt #UnnaturalSex #Section377IPChttps://t.co/YxInv1N6HK
— Live Law (@LiveLawIndia) December 8, 2023
The High Court further observed that given the ongoing petitions seeking the criminalisation of marital rape are awaiting consideration by the Supreme Court, there is currently no legal sanction for marital rape if the wife is 18 years of age or older, pending a decision from the highest court.
What is the current case of marital rape under consideration
In the current case, the complainant had alleged that her marriage was nothing but an abusive relationship. She accused her husband of verbal and physical abuse and coercion, including acts of sodomy. The husband was convicted under sections 323, 498-A, and 377 of the IPC in the lower court.
However, when the case went to the High Court, he was acquitted of the charge under section 377 of the IPC. The court found the accused individual guilty under sections of cruelty by the husband or relatives of the husband (498-A) and voluntarily causing hurt (IPC 323) while absolving him of the charges under Section 377. The court noted that the medical evidence in the case was not supportive of allegations of commission of unnatural sex.
Earlier, the Supreme Court consented to consider pleas advocating the criminalisation of marital rape. The central government had conveyed to the apex court that such criminalisation could lead to “social ramifications.”
