Raipur, February 12: The Chhattisgarh High Court recently ruled that a husband cannot be charged with rape under Section 375 or unnatural offences under Section 377 of the Indian Penal Code (IPC) for engaging in non-consensual anal sex or any other non-consensual sexual act with his wife, provided she is a legal adult. The case concerns a man whose wife passed away in the hospital following unnatural sex. The doctor attributed her death to peritonitis and rectal perforation.

In India, marital rape is not a punishable offence. A recent High Court ruling has now excluded unnatural sex within marriage from legal punishment as well. A man accused of unnatural sex and culpable homicide not amounting to murder was initially convicted by a trial court. However, he later received relief from the High Court. Chhattisgarh High Court Refers to Ramayana, Mahabharata and Manusmriti, Says 'Wife Insulting Husband's Religion and Gods Amounts to Mental Cruelty'.

The court ruled that if a wife is over 15 years old, any sexual act by her husband cannot be considered rape, regardless of her consent. As a result, the lack of consent in unnatural acts holds no legal significance. The court stated that charges under Sections 376 and 377 of the IPC do not apply in such cases due to legal amendments and contradictions between these sections. Chhattisgarh High Court Urges Entire Human Race To Eradicate Skin Colour Bias, Says 'Dark-Skinned Women Are Portrayed As Under Confident and Insecure'.

The Supreme Court was reviewing multiple petitions calling for the criminalization of marital rape. However, the hearing was halted as Chief Justice DY Chandrachud, who led the bench, was nearing retirement. A new bench is expected to take up the case.

The government argues that preserving the institution of marriage is crucial and sees no need to criminalize marital rape, asserting that it falls outside the court’s jurisdiction. It also stated that Parliament has already introduced various measures to safeguard a married woman's consent within marriage.

(The above story first appeared on LatestLY on Feb 12, 2025 11:03 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).