The Indore Bench of the Madhya Pradesh High Court has dismissed a criminal revision petition filed by a wife challenging her husband’s discharge under Section 377 IPC. Justice Binod Kumar Dwivedi upheld the lower court’s decision, emphasizing that marital rape has not been recognized under Indian law till date.
The petitioner-wife had alleged that she was subjected to cruelty, dowry demands, and unnatural sexual intercourse during her marriage with the respondent-husband. Based on these allegations, an FIR was filed under various IPC sections including 498-A (Cruelty), 377 (Unnatural Offences), 323 (Voluntarily Causing Hurt), 294 (Obscene Acts), and 506 (Criminal Intimidation), along with provisions of the Dowry Prohibition Act.
Despite the allegations, the trial court discharged the husband from the offence under Section 377. The wife challenged this discharge, arguing that there was sufficient evidence to frame charges under the section.
The respondent’s counsel defended the discharge by citing the Supreme Court’s judgment in Navtej Singh Johar v. Union of India and the amended definition of rape under Section 375 of IPC. He contended that sexual acts between a husband and wife, even if unnatural, do not amount to rape or an offence under Section 377, as marital rape is not criminalized in India.
Quoting relevant precedents, the High Court referred to:
“...if a wife is residing with her husband during the subsistence of a valid marriage, then any sexual intercourse or act by a man with his own wife not below the age of fifteen years is not rape… In such circumstances, absence of consent for unnatural acts loses its importance.”
— Manish Sahu v. State of Madhya Pradesh
The Court also acknowledged earlier decisions like Umang Singhar v. State of MP and reaffirmed that:
"Marital rape has not been recognized under IPC till date."
Further, the Court observed that even if the wife’s allegations were accepted at face value, no offence under Section 377 would be made out.
In conclusion, the Court found no merit in the revision petition and stated:
"Even if the entire allegations made by the respondent-wife are considered, no offence under Section 377 IPC is established."
Accordingly, the petition was dismissed, upholding the husband’s acquittal in the unnatural sex allegation.
Case Title: JK Versus State Of Madhya Pradesh And Another, Criminal Revision No. 1937 Of 2024
