Non-consensual unnatural sex with wife not rape: Madhya Pradesh High Court

The Madhya Pradesh High Court issued a ruling stating that non-consensual unnatural sex with a wife cannot be considered rape under the Indian Penal Code (IPC). The court's decision came in response to a case where a man was accused by his wife of engaging in unnatural sex, prompting the filing of an FIR against him.

A single bench of the high court, presided over by Justice G S Ahluwalia, quashed the FIR lodged by the wife against her husband under IPC sections 377 (unnatural sex) and 506 (criminal intimidation). The court cited various judgments from the Supreme Court and other high courts, emphasizing the definition of rape as per IPC section 375.

In its order issued on May 1, the high court judge clarified that the act of a husband engaging in anal sex with his wife, even if non-consensual, does not constitute rape as long as the wife is above the age of 15. Justice Ahluwalia concluded that since unnatural sex with a legally wedded wife is not an offence under Section 377 of the IPC, further deliberations on the FIR's validity were unnecessary.

The ruling further stated, "Marital rape has not been recognized so far." Consequently, the FIR filed against the husband and the criminal prosecution initiated against him were quashed by the court.