Unnatural Sex With Wife, Even Without Consent, Not a Crime: Chhattisgarh High Court Rules

Man convicted of unnatural sex and culpable homicide after his wife’s death gets relief from the High Court

February 12, 2025: New Delhi:
The Chhattisgarh High Court has ruled that unnatural sex between a husband and his adult wife does not merit punishment under Indian law. The verdict was given in a case where a man was convicted after his wife died in a hospital, reportedly suffering from peritonitis and rectal perforation due to unnatural sex.

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The trial court had found the man guilty of unnatural sex and culpable homicide not amounting to murder. However, the High Court overturned this, stating that “any sexual intercourse” or sexual act by a husband with his wife—who is above 15 years of age—cannot be considered rape, even in the absence of consent. The court added that under existing Indian laws, marital rape is not a punishable offense.

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Legal Implications of the Judgment

The ruling effectively removes unnatural sex from the ambit of criminal punishment in marital relationships. The High Court noted that Sections 376 (rape) and 377 (unnatural offenses) of the Indian Penal Code (IPC) do not apply to sexual acts within marriage, as per existing legal provisions.

“The offence between husband and wife cannot be made out under Section 375 IPC as per the repeal made by way of amendment and in view of repugnancy between both the sections,” the judgment read.

Marital Rape Debate in India

This judgment comes amid ongoing debates over the criminalization of marital rape in India. The Supreme Court had earlier begun hearing multiple petitions seeking to make marital rape a criminal offense but had to suspend the proceedings due to the retirement of then-Chief Justice of India DY Chandrachud. A new bench is expected to take up the matter.

The central government has maintained that the institution of marriage must be protected and that criminalizing marital rape is unnecessary. The government argues that Parliament has already provided several legal safeguards to protect married women from sexual violence within marriage.

This ruling is expected to add fuel to the debate over marital rape laws in India, with many legal experts and activists calling for reforms in the legal framework governing spousal rights and consent.