India

High Court: If wife is 18 years old then marital rape cannot be considered a crime

PRAYAGRAJ

The Allahabad High Court has held that if the wife is 18 years of age or more then marital rape cannot be considered a crime under the Indian Penal Code (IPC). With this comment, the court acquitted the husband of the charge of committing ‘unnatural crime’ against the wife.

Above said order was passed by Mr Justice Ram Manohar Narayan Mishra, on the petition which was filed by wife who alleged that their marriage was an abusive relationship and the husband subjected her to verbal and physical abuse. Unnatural sex was also done with her.

The court said that marital rape has not yet been considered a crime in the country. Such petitions are still pending before the Supreme Court. Therefore, there is no criminal penalty for marital rape until the apex court decides on the matter.

Citing a commentary of the Madhya Pradesh High Court, the court said that there is no place for any ‘unnatural offence’ (as per IPC Section 377) in a marital relationship. The court convicted the husband under sections related to cruelty (498-A) and causing hurt (IPC 323), while acquitted him of charges under section 377.

 

Vishal Talwar

Recent Posts

NIA And ATS Conduct Joint Raids In Deoband, Detain Youth For Terror Links

NIA sources have previously conducted raids in Maharashtra, Malegaon, Jammu and Kashmir, Assam, and Delhi,…

4 hours ago

Allahabad High Court Commutes Death Sentence In Bulandshahr Gang Rape And Murder Case

While commuting the death sentence, the High Court upheld the conviction of the three men…

5 hours ago

PM Modi Welcomed By Banjara Women, Engages With Community Saints In Maharashtra

During his visit, PM Modi performed darshan at the Jagdamba Mata Temple in Poharadevi. He…

5 hours ago

Court Warns Accused In Delhi Riots Case For Delaying Proceedings

Judge Bajpai reminded the defense that daily hearings were planned. He warned all defendants that…

5 hours ago

Yogi Adityanath Calls Kisan Samman Nidhi A Blessing During Shardiya Navratri

PM launched the 18th installment at an event in Maharashtra, benefiting 9.4 crore farmers nationwide,…

6 hours ago

Voter Turnout Exceeds 64% In Haryana Assembly Elections Amid Minor Skirmishes

Over 64% of 2.03 crore voters in Haryana participated in the assembly elections casting their…

7 hours ago