The court, while acquitting the man, said that protection of a person from marital rape continues in cases where his wife is of 18 years of age...
Digital Desk: The Allahabad High Court has ruled that marital rape is not considered an offence under the Indian Penal Code (IPC) if the wife is over the age of 18. This verdict came in the context of acquitting a husband who was charged with committing an “unnatural offence” against his wife.
Justice Ram Manohar Narayan Mishra's bench, while delivering the order, highlighted the absence of a provision similar to Section 377 IPC in the proposed Bhartiya Nyay Sanhita, which is anticipated to replace the existing IPC.
The court clarified that, with petitions seeking the criminalization of marital rape pending before the Supreme Court, there is currently no criminal penalty for such acts when the wife is above 18, until the apex court reaches a decision on the matter.
The complainant, who alleged an abusive relationship, claimed that her husband subjected her to verbal and physical abuse, including acts of sodomy. She further asserted that the accused demanded a Fortuner car and Rs. 40 lakhs in cash as dowry, pressuring her to obtain it from her parents.
While the court acquitted the husband of charges under Section 377, he was convicted under sections related to cruelty by the husband or relatives (498-A) and voluntarily causing hurt (IPC 323). This decision has sparked debate over the legal stance on marital rape in India, especially considering the ongoing pleas for criminalization before the Supreme Court.
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