Breaking news:
BJP Expected to Appoint New Party President by End of April as State Polls Wrap Up: Sources | Pakistan Army Chief Issues Stern Warning to Baloch Militants: “We Will Crush You” | Ranveer Allahbadia Announces 'Brother' Samay Raina's Return: "Picture Abhi Baki Hai"
Logo

Chhattisgarh High Court Rules Unnatural Sex in Marriage Not Punishable

The Chhattisgarh High Court has ruled that unnatural sex between a husband and his adult wife does not warrant punishment, further reinforcing the legal immunity of marital rape in India 

12-02-2025
image
   

In a recent ruling, the Chhattisgarh High Court held that unnatural sex between a man and his adult wife does not warrant punishment. The case involved a man whose wife died in a hospital due to peritonitis and rectal perforation, allegedly caused by unnatural sex.

High Court Overturns Trial Court Conviction

Initially, the accused was convicted by a trial court under charges of unnatural sex and culpable homicide not amounting to murder. However, the High Court provided relief, stating that under Indian law, “any sexual intercourse” between a husband and wife, if the wife is above 15 years old, does not constitute rape. The judgment emphasized that the absence of the wife's consent in such acts holds no legal significance.

The court further ruled that sections 376 (rape) and 377 (unnatural offences) of the Indian Penal Code (IPC) could not be applied in this case due to legal provisions exempting husbands from rape charges within marriage.

Legal Debate Over Marital Rape Continues

India's laws do not criminalize marital rape, and this ruling extends that immunity to unnatural sex within marriage. The Supreme Court was set to hear petitions seeking the criminalization of marital rape, but proceedings were halted due to the retirement of then-Chief Justice DY Chandrachud. A new bench is expected to take up the matter.

The central government has opposed the criminalization of marital rape, arguing that it could undermine the institution of marriage. The government has also maintained that Parliament has already introduced measures to protect a woman's consent within marriage, making further legal intervention unnecessary.

Image

Former SCBA President Adish C. Aggarwala Urges PM Modi to Rein in Anti-Judici

Senior Advocate Adish C. Aggarwala warns that public criticism of the Supreme Court by ruling party

Read More
Image

Couples Marrying Without Parental Consent Not Entitled to Automatic Police Pr

The Allahabad High Court has ruled that police protection is not a guaranteed right for couples marr

Read More
Image

President Must Decide on Bills Within 3 Months: Supreme Court in Landmark Rul

The Supreme Court has ruled that the President cannot indefinitely delay action on bills referred by

Read More