19-May-2024  Srinagar booked.net

IndiaJudiciary

Unnatural Sex Not Rape, Wife’s Consent Not Mandatory: MP HC

Published

on



The Madhya Pradesh High Court has ruled that ‘unnatural’ sexual intercourse with one's wife will not be considered 'rape', and her consent is not necessary due to their marital status.

Quashing an FIR registered by a wife against her husband for having unnatural sex, a single bench of the High Court, led by Justice G S Ahluwalia said: “This court believes that once it's established that a husband having unnatural sexual intercourse with his legally married wife isn't a crime under Section 377 of the IPC, there's no need for further discussion on whether the FIR was filed based on unfounded claims or not.”

In India 'Marital rape' has not been recognised an offence.

"Marital rape has not been recognized so far. Accordingly, an FIR in Crime No.377/2022 registered at Police Station Kotwali, Jabalpur, and criminal prosecution of the applicant (husband) is hereby quashed," the order stated.

The man had filed a petition in court to quash the FIR lodged against him on the complaint of his wife.

According to a report by Live Law, the wife lodged the FIR against her husband saying that on the intervening night of June 06, 2019, and June 07, 2019, her husband/applicant committed unnatural sex with her.

He continued "unnatural sex" on multiple occasions, she added. Challenging the FIR lodged by the wife, the husband moved the High Court and said he was married to his wife, and any unnatural sex between them was not an offence under Section 377 of IPC.

Unnatural sex" typically refers to sexual activities that deviate from heterosexual intercourse, such as anal or oral sex, or any sexual activity that is not considered conventional vaginal intercourse. However, the term itself can be ambiguous and may vary in legal and cultural contexts. It's important to note that what constitutes "unnatural sex" can differ depending on societal norms, legal definitions, and individual perspectives.