Unnatural Sex by Husband Not an Offense: Chhattisgarh HC

The Chattisgarh High Court has ruled out that having unnatural sex or intercourse with an adult wife without her consent is not a punishable Offense under Section 376 or 377.

The verdict was delivered on Monday by a single bench of Justice Narendra Kumar Vyas.

In his ruling, he said, “It is quite vivid, that if the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, this Court is of the considered opinion that the offence under Section 376 and 377 of the IPC against the appellant is not made out.”

According to information, the case was reported on December 11, 2017, from Bastar district, when the husband allegedly forcefully established unnatural sex with his wife. As a result, she was rushed to the hospital due to the severe injuries she sustained from the forceful intercourse and died on the same day.

Based on her dying declaration before a magistrate, the husband was arrested, convicted by a trial court in Bastar district of charges under IPC sections 376 (rape), 377 (unnatural sex) and 304 (culpable homicide not amounting to murder) and sentenced to 10-years imprisonment. The judgment in the case was reserved by the court on November 19, 2024, and was acquitted by the Chhattisgarh High Court on February 10, 2024.