The Madhya Pradesh High Court recently ruled that a husband forcing his wife into unnatural sex without her consent, followed by physical assault for resisting, constitutes cruelty under Section 498A of the IPC, but not rape or unnatural offences under Sections 376 or 377. Justice GS Ahluwalia quashed the Section 377 charge against the husband but upheld charges under Sections 498A and 323. The wife had alleged repeated instances of unnatural sex under intoxication and assaults upon refusal. The Court held that while such acts may not legally qualify as rape within marriage, the accompanying violence and coercion amount to cruelty. The accused’s plea to quash the entire case was partly allowed, with proceedings under 498A and 323 to continue. ‘Unnatural Sex With Wife a Punishable Offence’: Himachal Pradesh High Court Rejects Contention That Husband Cannot Be Prosecuted Under Section 377.

MP High Court on Unnatural Sex With Wife

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