Marital rape not an ‘offence' if wife is 18 or above: Allahabad HC
text_fields
While acquitting a husband of charges of committing an ‘unnatural offence’ against his wife, the Allahabad High Court has observed that marital rape cannot be considered an offence under the Indian Penal Code (IPC) if the wife is of 18 years of age or more than that.
In its order, the bench of Justice Ram Manohar Narayan Mishra stated that marital rape has not been criminalised in this country as yet, adding that the accused cannot be convicted under Section 377 of the IPC.
The Allahabad High Court, endorsing a previous observation of the Madhya Pradesh High Court, also stated that there is no place for any ‘unnatural offence’ (as per Section 377 IPC) to take place in a marital relationship.
The Court however clarified that as per the Judgment of the Supreme Court in the Independent Thought vs. Union of India (2017), any sexual intercourse between a man and his wife aged between 15 to 18 years would amount to rape.
In her plea, the complainant alleged that their marriage was an abusive relationship, and the husband allegedly subjected her to verbal and physical abuse and coercion, including acts of sodomy.
The complainant further asserted that the accused demanded a Fortuner car and Rs. 40 lakhs in cash, pressuring her to obtain a dowry from her parents, reports LiveLaw.
The court convicted him under sections related to cruelty by the husband or relatives of the husband (498-A) and voluntarily causing hurt (IPC 323) while acquitting him of charges under Section 377.
Earlier this year, the Supreme Court agreed to list pleas to criminalise marital rape. The central government had submitted before the top court that criminalising marital rape would have “social ramifications”.
