Forced Unnatural S*x With Wife by Husband Cruelty, But Cannot Be Prosecuted as Rape: MP High Court

Gwalior, January 10: The Madhya Pradesh High Court has ruled that forced unnatural S*x by a husband with his wife amounts to cruelty under law, but does not constitute rape due to the existing marital exception in the Indian Penal Code (IPC).

The court clarified that while current law shields husbands from rape prosecution within marriage, it does not grant immunity from all criminal liability, especially where physical or mental abuse is alleged. 'Wife Not Cooking for Husband Does Not Amount to Cruelty When Both Are Working': Telangana High Court Rejects Divorce Plea.

What the Court Said

Justice Rajesh Kumar Gupta, while hearing a petition to quash an FIR, observed that Section 375 of the IPC excludes marital rape when the wife is an adult. As a result, charges under Section 376 (rape) and Section 377 (unnatural offences) cannot be sustained against a husband in a matrimonial relationship.

However, the Bench made it clear that forcing a wife into unnatural S*x without consent squarely falls under “cruelty”, punishable under Section 498A of the IPC. Delhi High Court Grants Wife Legal Guardianship of Husband After Massive Brain Haemorrhage Leaves Him in Vegetative State.

Case Background

The case stemmed from an FIR lodged in 2023 by a woman who married the accused in June 2022. She alleged that soon after marriage, she was subjected to physical violence, obscene acts, and forced unnatural S*x by her husband.

The husband argued that the complaint was a retaliatory move after he filed a divorce petition and claimed the allegations were false and unsupported by medical evidence.

Evidence Review and Legal Outcome

The High Court noted that medical reports did not conclusively support allegations of forced unnatural S*x, and the prosecution relied mainly on oral statements. Citing the marital rape exception and lack of corroborative medical proof, the court quashed charges under Sections 376 and 377.

Cruelty Charges to Continue

Despite this, the court refused to quash the FIR entirely. Proceedings under:

• Section 498A (cruelty)

• Section 323 (voluntarily causing hurt)

• Section 294 (obscene acts)

will continue, as allegations of physical assault and mistreatment require a full trial.

The judgment reinforces a critical legal position: while forced S*x within marriage cannot currently be prosecuted as rape in India, it can still invite criminal action as cruelty. The ruling highlights the ongoing legal debate around marital rape laws and underscores that marriage does not provide a license for abuse under Indian law.

(The above story first appeared on LatestLY on Jan 10, 2026 12:06 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).