Unnatural Sex with Wife Without Consent Not Considered as an Offence

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• Feb 12, 2025 | Kabita Pathak

Unnatural sex between a man and his wife does not considered as punishment.

Digital Desk: Unnatural sexual acts between married couples are not considered as punishment according to recent rulings of the Chhattisgarh High Court. A male patient lost his wife at the hospital after performing an unnatural sexual act. The medical expert identified peritonitis along with rectal perforation as the health issues that fatally affected the woman. 

Marital rape remains exempt from legal prosecution in the territory of India. After the High Court judgment unnatural sexual practices were eliminated from the punishable acts list. 

The trial court found the person guilty of unnatural sex conduct and homicide yet the High Court granted him freedom from criminal prosecution. 

According to the court if the wife is more than 15 years old then any type of sexual interaction between spouses cannot be considered as rape under any circumstance and as such, thus the lack of consent for unnatural practices has no meaning. 

Prosecution of the appellant violates Section 376 and 377 from IPC because the court has ruled it out.

Section 375 IPC does not establish marital offenses after the modification through amendment and because both sections become inconsistent with each other according to judicial interpretation.

The hearings for petitions to criminalize marital rape stopped when Chief Justice of India DY Chandrachud decided to retire before finishing his court session. 

Another panel at the court will now handle this particular case. 

The government asserts that marital institution requires protection but it does not require criminalization of marital rape. The court lacks authority to determine whether criminal sanctions should be applied for marital rape according to government officials.

At the hearing the government presented arguments which demonstrated how the legislative body of parliament has established various protections concerning marital consent for women.

During the hearing, the government also maintained that parliament has provided several measures to protect the consent of a married woman within marriage.