Unnatural Sex
Unnatural sex with wife without her consent is not an offence, rules Chhattisgarh High Court
Raipur/IBNS: The Chhattisgarh High Court has ruled an unnatural sex by a man with his adult wife without her consent does not merit punishment, media reports said.
In its order, the High Court said if the woman's age is more than 15 then any sexual intercouse cannot be termed as rape.
So unnatural sex cannot be held an offence under Section 376 and 377.
"The offence between husband and wife cannot be made out under Section 375 IPC as per the repeal made by way of amendment and in view of repugnancy between both the sections," reads the judgement as quoted by NDTV.
The order was passed in connection with a case involving a man whose wife died after having an unnatural sex.
Doctor said the woman suffered peritonitis and rectal perforation.
Important to note, marital rape does not merit punishment in India.
The Supreme Court is due to hear a batch of pleas seeking criminalisation of marital rape.
The Centre has maintained that there is no need for criminalisation of marital rape as protection of the institution of marriage is essential.
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