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.