Unnatural sex without wife’s consent not offence since marital rape not a crime: MP HC

Averring that marital rape is not recognised as an offence, Madhya Pradesh High Court on Wednesday (May 1) quashed an FIR registered against a man by his wife accusing him of having unnatural sex and observed that it was not an offence in law as she was wedded to him.

“This court is of considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not," a single bench of the high court comprising Justice GS Ahluwalia observed.

The order was issued on Wednesday (May 1) and its details were uploaded on the HC website on Thursday (May 2).

"Marital rape has not been recognized so far. Accordingly, an FIR in Crime No.377/2022 registered at Police Station Kotwali, Jabalpur and criminal prosecution of the applicant (husband) is hereby quashed," the order stated.

The man had filed a petition in the high court to quash the FIR lodged against him on the complaint of his wife.

(With agency inputs)