Forced Sex By Husband Is Not Rape: Chhattisgarh HC

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Chhattisgarh HC marital rape: According to the Chhattisgarh High Court, sexual intercourse or any sexual act by a husband with his legally wedded wife is not rape even if it was by force or against her wish. Following this observation, the court has discharged a man of the offence of marital rape.

However, charges under section 377 of IPC have been framed against him as the court observed that his act of making unnatural physical relation with the wife led to the said offence.

“…sexual intercourse or sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape. In this case, complainant is legally wedded wife of applicant No. 1, therefore, sexual intercourse or any sexual act with her by the applicant No. 1/husband would not constitute an offence of rape, even if it was by force or against her wish.” it said.

The woman has alleged that the husband inserted fingers and radish in her vagina. She protested against the same but in vain. She also alleged that he and her in-laws started harassing her for dowry and committed physical violence with her, as per sources.

A criminal revision was preferred against a Sessions Court order which had framed charges under 498-A, 34, 376 and 377 against the husband and sec. 498A against in laws on a complaint was registered by the wife. She alleged that after some days of marriage, they started harassing her for dowry and even committed physical violence with her.

Kerala High Court, a few weeks ago, had said in a major judgement that if the husband’s sexual behaviour disregard the autonomy of his wife, it counts as marital rape and was a valid ground for divorce. Read more about the case here.

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