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This is an archive article published on May 4, 2024

Unnatural sex with wife not offence under IPC Section 377: Madhya Pradesh High Court

The court said “consent of both the parties is necessary for taking the act out of the purview of IPC Section 377.”

madhya pradesh high court unnatural sexAfter accusing her in-laws of “physical and mental harassment for not fulfilling dowry demand”, she filed a case of cruelty and returned to her home. (Representative/ File)

Observing that marital rape has not been recognised so far in India, the Madhya Pradesh HC ruled that unnatural sex by a husband with his legally wedded wife residing with him is not an offence under IPC Section 377.

The HC said, in view of the amended definition of rape under IPC Section 375, “absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognised so far.”

Justice Gurpal Singh Ahluwalia was hearing a petition by a man who prayed that an FIR filed by his wife accusing him of having unnatural sex with her be quashed. “This court is of the considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under IPC Section 377,” said the order passed on May 1, quashing the FIR.

The couple got married in 2019. After accusing her in-laws of “physical and mental harassment for not fulfilling dowry demand”, she filed a case of cruelty and returned to her home.

She alleged that her husband had threatened her and revealed to her mother that he “had committed unnatural sex with her on multiple occasions”, following which she moved court to lodge an FIR against him.

“It is clear that a consensual sexual conduct between adults of the same sex cannot be termed as an offence under Section 377 of IPC. Thus in nutshell, it can be said if an unnatural sex takes place between two persons of same or different gender with the consent of both the parties, then it would not be an offence under IPC Section 377,” the court said.

The court said “consent of both the parties is necessary for taking the act out of the purview of IPC Section 377.”

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“However, this court, after considering the amended definition of rape under IPC Section 375, has come to a conclusion that if a wife is residing with her husband during the subsistence of a valid marriage, then any sexual intercourse or sexual act by a man with his own wife not below the age of 15 years will not be rape,” the court said.

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

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