According to a rule by the Chhattisgarh High Court, a husband who engages in sexual activity with his adult wife, including unnatural acts, even without her consent, cannot be charged with rape (Section 376 of the Indian Penal Code, IPC) or unnatural sex (Section 377 of the IPC). A wife’s permission to sexual activity or unnatural activities is “insignificant” not these situations, according to Justice Narendra Kumar Vyas, who is sitting on a single bench.
LiveLaw quoted the HC judge
“It is quite vivid, that if the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, this Court is of the considered opinion that the offence under Section 376 and 377 of the IPC against the appellant is not made out.”.
On December 11, 2017, a husband was charged with having unnatural sex with his wife without her will. The wife passed away after being sent to the hospital; in her final statement, she claimed that she was ill because of forceful intercourse by her husband.
Rectal perforations were discovered during a post-mortem investigation, and peritonitis and rectal perforation were identified as the cause of death.
The husband was sentenced to ten years in prison after the trial court found him guilty of culpable homicide not amounting to murder under Sections 377, 376, and 304 of the IPC. He filed a High Court appeal.
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