The Madhya Pradesh High Court has upheld the acquittal of a man accused by his wife of committing an unnatural sexual act, reaffirming that marital rape is not recognised under Indian law. Justice Binod Kumar Dwivedi of the Indore Bench dismissed the wife’s revision petition on April 7, ruling it lacked merit. The husband was previously acquitted by an Indore sessions court on February 3 under Section 377 of the IPC, which criminalises “unnatural offences.” The wife’s counsel argued the act was non-consensual, but the High Court noted that consensual acts, even if “unnatural,” are not punishable. The husband’s defense cited Supreme Court rulings decriminalising consensual acts between adults and pointed to the absence of marital rape provisions in Indian law. The court concluded that consensual sexual acts within a marriage, regardless of nature, do not fall under Section 377 IPC. ‘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.

MP High Court on Marital Rape

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