Unnatural Sex Not a Crime? High Court Verdict Stirs Debate
The Chhattisgarh High Court recently ruled that a husband engaging in sexual acts, including unnatural sex, with his wife—without her consent—does not constitute a criminal offence under Indian law. The verdict was delivered by Justice Narendra Kumar Vyas, who overturned the conviction of a man previously found guilty of rape and other charges.
Background of the Case
The case involved a resident of Jagdalpur, Bastar district, who was arrested in 2017 after his wife passed away. Prior to her death, she gave a statement to an executive magistrate, alleging that her husband had forcibly engaged in unnatural sex, causing her severe pain and illness.
A trial court in Bastar convicted the man under multiple sections of the Indian Penal Code (IPC), including:
- Section 376 (Rape)
- Section 377 (Unnatural Sex)
- Section 304 (Culpable Homicide Not Amounting to Murder)
In 2019, he was sentenced to 10 years of rigorous imprisonment. However, he appealed the verdict at the Chhattisgarh High Court, leading to a re-examination of the case.
Court’s Interpretation of the Law
The High Court analyzed the legal framework and observed that amendments to Section 375 IPC (which defines rape) include an exception stating that any sexual intercourse or sexual act between a husband and wife is not considered rape, provided the wife is above 15 years of age. Based on this, the court reasoned that the absence of the wife’s consent in unnatural sex loses its legal significance within a marital relationship.
Furthermore, the court examined Section 377 IPC, which criminalizes unnatural sex, and noted that it does not explicitly define the offender within a marital relationship. The ruling referenced the Supreme Court’s landmark Navtej Singh Johar case, which decriminalized consensual unnatural sex, to emphasize that such acts within marriage do not constitute an offence.
Defense Arguments and Court’s Findings
The defense argued that the trial court convicted the man based solely on the wife’s dying declaration, without strong supporting evidence. It also pointed out that two witnesses testified the woman suffered from piles, which could have caused her pain and bleeding.
The High Court agreed, ruling that there was no conclusive evidence linking the husband’s actions to her death. Consequently, the conviction under Section 304 IPC was deemed “perverse” and legally unsound.
Final Verdict
Concluding that the prosecution failed to establish charges under Sections 376, 377, and 304 IPC, the High Court acquitted the man of all charges and ordered his immediate release from prison.
Legal and Social Implications
The ruling has sparked discussions on marital rights, consent, and legal protections for women. While Indian law does not recognize marital rape as a crime (except when the wife is below 15 years), many legal experts and activists argue for reforms to ensure a wife’s consent is respected in all sexual acts within marriage.
This judgment is expected to influence future legal interpretations and legislative debates on marital consent and gender rights in India.
Source: Inputs from various media Sources
Priya Bairagi
Reviewed by Dr Aarti Nehra (MBBS, MMST)
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
