Bhopal, May 30: According to the Madhya Pradesh High Court, "forcing a wife into having unnatural sex while also committing acts of physical violence and cruelty is illegal under Section 498A of the Indian Penal Code (IPC)". However, the court explained that since marital rape is not currently illegal in India, such behaviour does not qualify as an offence under IPC Sections 376 or 377.

According to a report by the Times Of India, during the hearing of a petition filed by a man contesting an FIR filed against him, Justice G.S. Ahluwalia of the Gwalior bench rendered the decision. Charges under IPC Sections 377 (unnatural offences), 323 (voluntarily causing hurt), and 498A (cruelty by husband or relatives) were included in the FIR. ‘Unnatural Sex With Wife Without Her Consent Not Rape, But Cruelty Under Section 498A’, Says Madhya Pradesh High Court.

According to Justice Ahluwalia's ruling, dowry harassment is not the only instance of cruelty covered by Section 498A. The court noted that "having unnatural sex with a wife against her will, along with physical assault and cruelty, clearly falls under the definition of cruelty." The judge stressed that invoking Section 498A does not require the demand for a dowry. ‘Unnatural Sex With Wife a Punishable Offence’: Himachal Pradesh High Court Rejects Contention That Husband Cannot Be Prosecuted Under Section 377,

According to the court, IPC 498A defines cruelty as any intentional behaviour that puts a woman's life, mental health, or physical well-being in danger or is likely to cause serious injury. The court permitted the FIR to remain in relation to Sections 498A and 323 even though it dismissed the charges under IPC 377.

(The above story first appeared on LatestLY on May 30, 2025 12:24 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).