The Madhya Pradesh High Court has upheld the acquittal of a man who was accused by his wife of committing an unnatural sexual act, observing that the revision petition filed by the woman lacked merit and citing relevant judicial precedents regarding consensual acts and the non-recognition of marital rape under Indian law.
Justice Binod Kumar Dwivedi of the Indore Bench dismissed the wife’s petition on April 7, affirming the lower court’s order that had acquitted the husband of charges under Section 377 of the Indian Penal Code (IPC). The Additional Sessions Court in Indore had delivered the acquittal on February 3, 2024.
While rejecting the revision plea, the High Court held that “in view of the foregoing discussion, the present revision petition fails as it has no merits, and therefore, dismissed.”
The case revolved around allegations by the wife that her husband had engaged in non-consensual unnatural sex during their marriage. The wife’s counsel argued before the High Court that the acquittal was erroneous and that sufficient evidence existed to convict the accused under Section 377 IPC, which deals with “unnatural offences.”
However, the husband’s counsel contended that the Supreme Court had decriminalized consensual sexual acts between adults, irrespective of gender, and pointed to the amended definition of rape under Section 375 of the IPC. It was further submitted that marital rape is not a recognized offence under Indian law, and therefore, sexual relations between husband and wife — even if unnatural — do not attract the provisions of Section 377 IPC if consensual.
The High Court bench relied on judicial precedents, including those of the Supreme Court, noting that consensual acts between adults — including spouses — do not fall under the purview of Section 377. The Court reiterated that “if an unnatural sex takes place between two persons of either same gender or different gender with the consent of both the parties, then it would not be an offence under Section 377 IPC.”
The Court also emphasized that Indian law does not currently recognize marital rape as an offence unless it falls within the exception clause of Section 375.
Accordingly, the High Court refused to interfere with the lower court’s acquittal order and dismissed the revision petition filed by the wife.
