Marital Rape Is Not Offensive If Wife Is Above 18

Allahabad High Court took the decision?

The Allahabad HC has observed that marital rape is not considered an offence under the Indian Penal Code (IPC) if the wife is above 18 years old.

The court made these remarks while acquitting a husband of charges of committing an ‘unnatural offence’ against his wife.

The accused in this case cannot be convicted under Section 377 of the IPC section, the bench of Justice Ram Manohar Narayan Mishra stated that marital rape has not been criminalised in this country so far, Live Law reported.

The HC also noted that since the petitions seeking the criminalisation of marital rape are still pending before the SC, there is no criminal penalty for marital rape when the wife is 18 years of age or older until the top court decides the matter.

The Allahabad High Court, checking a previous observation of the Madhya Pradesh High Court, also stated that there is no place for any ‘unnatural offence’ (as per Section 377 IPC) to take place in a marital relationship.

In her plea, the complainant alleged that their marriage was a bad relationship, and the husband allegedly subjected her to verbal and physical abuse and coercion, including acts of sodomy.

The court convicted him under sections related to cruelty by the husband or relatives of the husband (498-A) and voluntarily causing hurt (IPC 323) while acquitting him of charges under Section 377.

Earlier this year, the SC agreed to list pleas to criminalise marital rape.

The central government had submitted before the higher court that criminalising marital rape would have “social ramifications”.