Bhopal, March 27: The Madhya Pradesh High Court bench in Gwalior has quashed charges of “unnatural s*x” against a husband in a case originating from Bhind, ruling that such allegations cannot be prosecuted within a valid marriage under the current legal framework.

Hearing a petition seeking the quashing of an FIR and related charges, Justice Milind Ramesh Phadke observed that even if the complainant’s allegations of forced “unnatural acts” are accepted at face value, they pertain to conduct within a marital relationship and therefore do not constitute an offence under Section 377 of the Indian Penal Code (IPC). S*x Between the Husband and Wife Must Be Consensual, Says Gujarat High Court; Denies Bail to Man Accused of Subjecting Wife to Unnatural S*x and Physical Cruelty.

The court highlighted that following the 2013 amendment to criminal law, the definition of rape under Section 375 IPC was significantly expanded to include various forms of sexual acts, including oral and an*l penetration. However, it also underscored the continuing legal exception which states that “s*xual intercourse or s*xual acts by a man with his own wife… is not rape.” Forced Unnatural S*x With Wife by Husband Cruelty, But Cannot Be Prosecuted as Rape: MP High Court.

“In this backdrop, the legal position is clear,” the court noted, adding that such allegations, when made within the bounds of marriage, cannot be brought under Section 377 IPC. “Such allegations would not constitute an offence under Section 377 IPC,” the court ruled while setting aside the charge against the husband.

At the same time, the High Court refused to interfere with other charges framed against the accused. These include allegations of cruelty related to dowry, assault, and criminal intimidation. The court observed that there is sufficient material on record to proceed with these charges, which must be examined during trial.

The order comes amid a growing trend in the Gwalior-Chambal region, where Section 377 IPC is increasingly invoked in matrimonial disputes alongside allegations of dowry harassment and domestic cruelty. Officials indicate that the provision is often added to strengthen cases and increase legal pressure, even as courts continue to scrutinize its applicability in the context of marital relationships.

The ruling once again brings focus to the ongoing legal debate around marital exceptions and the scope of consent within marriage under Indian law.

TruLY Score by LatestLY
Rating:3

TruLY Score 3 – Believable; Needs Further Research | On a Trust Scale of 0-5 this article has scored 3 on LatestLY, this article appears believable but may need additional verification. It is based on reporting from news websites or verified journalists (Bar and Bench ), but lacks supporting official confirmation. Readers are advised to treat the information as credible but continue to follow up for updates or confirmations

(The above story first appeared on LatestLY on Mar 27, 2026 12:46 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).