Mumbai, May 7: In a significant ruling, the Allahabad High Court has held that non-consensual unnatural sex by a husband with his wife, even if she is above 18 years of age, is punishable under Section 377 of the Indian Penal Code (IPC). While such acts may not amount to rape under Section 375 IPC, they still violate a woman’s bodily autonomy and dignity, the Court said.

Justice Arun Kumar Singh Deshwal, delivering the verdict, disagreed with earlier judgments by the Madhya Pradesh High Court, which had ruled that a husband cannot be prosecuted under Section 377 IPC for such acts. The Allahabad HC clarified that a woman, even within marriage, retains the right to refuse unnatural sexual acts and that her consent is paramount. ‘Unnatural Sex, Non-Consensual Sex With Major Wife Not Rape’: Chhattisgarh High Court Acquits Man Accused of Causing Wife’s Death by Inserting Hand Into Her Rectum.

The case involved one Imran Khan @ Ashok Ratna, who was facing charges under multiple sections, including 377 IPC and the Dowry Prohibition Act. His counsel argued that no offence under Section 377 IPC was made out as the act occurred within a marriage. However, the court rejected this view, citing the woman’s right to individual sexual orientation and freedom from cruelty. ‘Marital Rape Not Recognised in India’: MP High Court Upholds Acquittal of Husband in Unnatural Sex Case Filed by Wife.

Referring to the Supreme Court's 2018 ruling in Navtej Singh Johar vs. Union of India, the HC noted that while certain acts like oral or anal sex may be part of LGBTQIA+ orientation, they are punishable under Section 377 IPC if done without consent. The bench also noted allegations of cruelty and dowry harassment in the case, further strengthening the prima facie charges against the accused.

It is important to note that this ruling may not apply to acts committed on or after July 1, 2024, when the new Bharatiya Nyaya Sanhita (BNS) came into force, as BNS does not contain a provision similar to Section 377 IPC for non-consensual unnatural sex.

(The above story first appeared on LatestLY on May 07, 2025 09:12 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).