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Time of India
3 days ago
- Time of India
HC: Forced unnatural sex with wife amounts to cruelty under IPC 498A, the section known for dowry cases
The Madhya Pradesh High Court has ruled that forcing unnatural sex on a wife, along with physical assault and cruelty, is an offence under Section 498A of the Indian Penal Code (IPC). The court upheld an FIR registered by a woman against her husband but clarified that the husband cannot be charged under Sections 377 or 376, as marital rape is not recognised as a crime under Indian law. Charges challenged by husband The police had filed charges against the accused under Sections 377 (unnatural sex), 323 (assault), and 498A (cruelty by husband or relatives). The husband contested the FIR in the High Court, arguing that unnatural sex with a wife is not an offence under Indian law. He also claimed that Section 498A did not apply because no dowry harassment was alleged. Court's ruling on cruelty and Section 498A Justice G S Ahluwalia of the Gwalior bench stated, "Committing unnatural sex with a wife against her wishes and on her resistance, assaulting and treating her with physical cruelty will certainly fall within the definition of cruelty. It is not out of place to mention here that demand of dowry is not sine qua non for cruelty." The court explained, "From a plain reading of IPC section 498A, it is clear that any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or cause grave injury or danger to life, limb, or health, whether mental or physical, to the woman, would amount to cruelty." Marital rape charges quashed, other charges upheld The High Court ruled that unnatural sex with a wife does not constitute an offence under Section 376 (rape) or Section 377 (unnatural sex) of the IPC and quashed those charges. However, it upheld the charges under Section 498A and Section 323 based on specific allegations that the wife was assaulted and treated with physical cruelty when she resisted. Live Events The court concluded, "This court is of the considered opinion that offence under section 498A IPC is made out. Accordingly, this application is partially allowed. Offence under section 377 is hereby quashed. However, FIR in relation to offence under Section 498A and 323 stands." Significance of the ruling This judgement clarifies the legal stance on forced unnatural sex within marriage and confirms that cruelty under Section 498A applies even when dowry demands are not involved. It strengthens protection for women facing physical cruelty in marriage. Economic Times WhatsApp channel )
Hindustan Times
3 days ago
- Hindustan Times
'Unnatural sex against wife's will is cruelty, but…', rules Madhya Pradesh high court
The Madhya Pradesh high court has ruled that forcing unnatural sex on one's wife, along with physical assault and cruelty, amounts to an offence under Section 498A of the IPC, The Times of India reported on Friday. However, it clarified that the husband cannot be prosecuted under Sections 377 or 376, since 'marital rape' is not a punishable offence under current Indian law. The court upheld the FIR filed by a woman against her husband. The police had earlier charged the husband under Sections 377 (unnatural offences), 323 (voluntarily causing hurt), and 498A (cruelty by husband or relatives). The husband challenged the FIR, arguing that unnatural sex with one's wife is not a crime under Indian law. He also claimed that Section 498A should not apply, as the complaint did not include any dowry-related allegations. Justice GS Ahluwalia of the Gwalior bench observed in his order that while unnatural sex with one's wife doesn't amount to an offence under IPC sections 376 or 377, it can still constitute cruelty if accompanied by violence and physical abuse. "Committing unnatural sex with a wife against her wishes and on her resistance, assaulting and treating her with physical cruelty will certainly fall within the definition of cruelty. It is not out of place to mention here that demand of dowry is not sine qua non for cruelty." The TOI quoted the judge as saying. The order further explained that, "From a plain reading of IPC section 498A, it is clear that any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or cause grave injury or danger to life, limb, or health, whether mental or physical, to the woman, would amount to cruelty." While the court quashed the charge under Section 377, it held that there was enough evidence to proceed under other provisions. 'However, since there are specific allegations that whenever the wife resisted the unnatural conduct of petitioner, she was assaulted and treated with physical cruelty, this court is of the opinion that offence under section 498A IPC is made out,' the court said. 'Accordingly, this application is partially allowed. Offence under section 377 is hereby quashed. However, FIR in relation to offence under Section 498A and 323 stands,' it added. In a February ruling, the Chhattisgarh high court held that a husband cannot be prosecuted for rape or unnatural sex for engaging in sexual activity with his adult wife, regardless of her consent, Live Law reported. Justice Narendra Kumar Vyas, presiding over a single-judge bench, stated that the wife's consent is irrelevant in such cases of sexual or unnatural intercourse within marriage. The case involved an incident from December 11, 2017, in which a man allegedly forced his wife into unnatural sex against her will. Following the act, the woman was hospitalised and later died. In her dying declaration, she accused her husband of forceful sexual intercourse. Doctors later found that she died due to peritonitis and rectal perforation. Despite this, the court noted that under Indian law, sexual acts with a wife who is not under 15 years of age do not qualify as rape. As a result, it ruled that unnatural sex in marriage cannot be treated as a criminal offence. The husband, who had been sentenced to 10 years in prison by a trial court, was ultimately acquitted of all charges.
Time of India
3 days ago
- Time of India
Unnatural sex against wife's will & assault amount to cruelty: MP HC
Bhopal/Jabalpur: Madhya Pradesh high court has held that forcing unnatural sex on one's wife, coupled with physical assault and cruelty, constitutes an offence under IPC section 498A, and upheld an FIR registered by a woman against her husband. The court, however, said that the husband cannot be prosecuted under IPC sections 377 or 376 as 'marital rape' is not an offence under the law. Police had registered a case against the accused under IPC sections 377, 323 and 498 (a) which he challenged in high court, contending that unnatural sex with wife is not recognised as an offence in Indian law. Also, 498 (a) is not applicable as no dowry harassment has been alleged in the FIR, he argued. Justice G S Ahluwalia of Gwalior bench, in his order, said: "Committing unnatural sex with a wife against her wishes and on her resistance, assaulting and treating her with physical cruelty will certainly fall within the definition of cruelty. It is not out of place to mention here that demand of dowry is not sine qua non for cruelty." "From a plain reading of IPC section 498A, it is clear that any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or cause grave injury or danger to life, limb, or health, whether mental or physical, to the woman, would amount to cruelty," the order said. It is clear that unnatural sex with wife would not be an offence under Section 376 or 377 of IPC, HC said, and quashed this charge in the FIR. "However, since there are specific allegations that whenever the wife resisted the unnatural conduct of petitioner, she was assaulted and was treated with physical cruelty, this court is of the considered opinion that offence under section 498A IPC is made out. Accordingly, this application is partially allowed. Offence under section 377 is hereby quashed. However, FIR in relation to offence under Section 498A and 323 stands," the court said.
