In a significant development, the Allahabad High Court has ruled that marital rape will not be considered a criminal offense under the Indian Penal Code (IPC) if the wife is 18 years of age or older. The court’s decision came during the acquittal of a husband accused of committing an ‘unnatural offense’ against his wife.
Justice Ram Manohar Narayan Mishra, leading the bench, clarified that the accused could not be convicted under Section 377 of the IPC, emphasizing that marital rape is yet to be criminalized in the country. The court pointed out that the issue is still pending before the Supreme Court, implying that there is no criminal penalty for marital rape when the wife is 18 or older until the Supreme Court makes a decision.
Furthermore, the Allahabad High Court, in alignment with a previous observation from the Madhya Pradesh High Court, asserted that there is no room for any ‘unnatural offense’ (as per Section 377 IPC) within the confines of a marital relationship. The case involved allegations of an abusive marriage, with the complainant asserting that her husband subjected her to verbal and physical abuse, as well as coercion, including acts of sodomy.
The court, while convicting the husband, applied sections related to cruelty by the husband or relatives (498-A) and voluntarily causing hurt (IPC 323). Notably, the accused was acquitted of charges under Section 377, which deals with unnatural offenses.
In a broader context, the Supreme Court had earlier this year agreed to consider pleas calling for the criminalization of marital rape. The central government, however, expressed concerns before the top court, arguing that such a move could have “social ramifications.” The debate surrounding the criminalization of marital rape remains a contentious issue, with the legal landscape awaiting further clarity from the highest judicial authority in the country.