Marital Rape and Legality

The Allahabad High Court's recent ruling revolves around the acquittal of a man accused of "unnatural sex" with his wife under Section 377 of the Indian Penal Code (IPC).

The court underscored that the protection from being charged with marital rape persists when the wife is 18 years of age or older. This interpretation stems from the Supreme Court's precedent in the Independent Thought Vs Union of India (2017) case, which deemed sexual intercourse between a man and his wife aged 15 to 18 years as constituting rape.

Justice Ram Manohar Narayan Mishra, in his ruling, noted that the elements of unnatural sex covered under Section 377 IPC are included in Section 375 (a) IPC, as observed by the Madhya Pradesh High Court.

The Madhya Pradesh High Court's opinion was based on the understanding that Section 375 IPC, pertaining to rape and amended by the 2013 Amendment Act, encompasses all possible forms of penetration.

Importantly, the Allahabad High Court stated that protection against marital rape still applies when the wife is 18 years or older. This stance aligns with the proposed Bhartiya Nyay Sanhita, which is expected to replace the IPC and lacks a provision similar to Section 377 IPC.

While the accused was acquitted of charges under Section 377, the court affirmed his conviction and sentence for offenses under Section 498A (harassment for dowry) and Section 323 of the IPC.

The judgment emphasized that, as of now, there is no criminal penalty for acts of marital rape when the wife is 18 years or older. It acknowledged that certain petitions are pending before the Supreme Court seeking the criminalization of marital rape, but until a decision is reached on those, no criminal penalty is imposed for such acts involving spouses aged 18 or above.

In Brief: The Allahabad High Court has ruled that a man cannot be charged with marital rape if his wife is 18 years of age or older, citing protection from such charges. The court referred to the Independent Thought Vs Union of India (2017) case, where the Supreme Court stated that sexual intercourse between a man and his wife aged 15 to 18 years would amount to rape. The judgment emphasized the continuing protection from marital rape for spouses aged 18 or above, highlighting legal interpretations and ongoing discussions on this issue.