Unnatural sex act by husband without wife's consent not offence: Chhattisgarh HC

The court held that sexual intercourse or sexual acts by a man with his wife is not rape if she is not below the age of 15.

The Chhattisgarh high court on Monday observed that a husband can't be charged with rape or unnatural sex for having sexual relations with a major wife with or without consent.

The husband, who was given a 10-year imprisonment by a trial court, was acquitted. (Representational)

The single bench of Justice Narendra Kumar Vyas observed that holding the 'consent' of the wife in sexual intercourse/unnatural intercourse is insignificant, reported Live Law.

“Thus, it is quite vivid, that if the age of the wife is not below the 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," the bench said, according to the website.

What's the case about?

It is alleged that a man, on the night of 11.12.2017, subjected his wife to unnatural sex against her will. Following the encounter, the woman had to be admitted to a hospital for treatment.

The woman later died. In her dying declaration, she said the man performed forceful sexual intercourse on her. Later, the doctors determined that the woman died of peritonitis and rectal perforation.

The court held that sexual intercourse or sexual acts by a man with his wife is not rape if she is not below the age of 15, reported Live Law. Therefore, it added, any unnatural sex can't be treated as an offence.

The husband, who was given a 10-year imprisonment by a trial court, was acquitted of all the charges.