Raipur: The Chhattisgarh High Court recently issued a consequential statement in a case centred on sexual relations between a husband and wife. The court asserted that a husband cannot be charged with either rape or unnatural intercourse for participating in sexual activities with his adult wife, irrespective of whether consent is provided. Furthermore, it clarified that consent is not a requisite for sexual or unnatural relations within a marital context.
On Monday, the court dismissed the charges against a man and acquitted him under the relevant BNS Sections 376, 377, and 304, thereby ordering his immediate release from incarceration.
The High Court indicated that if a wife is aged above 15 years, any sexual act executed by the husband with her cannot be classified as rape. Consequently, the charges under BNS Sections 376 and 377 are deemed inapplicable in such circumstances.
In India, marital rape is not classified as an offence under current laws. With this ruling, the High Court has also excluded unnatural relationships from potential punishments. The accused, who had been convicted by the trial court for unnatural intercourse in addition to culpable homicide not amounting to murder, has now been acquitted.
The allegation concerned an incident on December 11, 2017, where a 40-year-old man reportedly engaged in unnatural intercourse with his wife against her will, which ultimately led to her hospitalisation. Tragically, the woman passed away during treatment. In her statement prior to her death, the wife asserted that her husband had forcibly had intercourse with her.
Medical professionals had also indicated that unnatural intercourse contributed to her demise. The court ruled that if the wife is not below the age of 15, then any sexual act carried out by the husband cannot be construed as rape, and unnatural intercourse cannot be considered a criminal offence. The High Court has thus acquitted the husband of all charges, nullifying the 10-year sentence previously imposed by the trial court.