‘Sexual intercourse by husband not rape, even if by force’: Chhattisgarh HC

The Chhattisgarh High Court on Thursday acquitted a man from facing trial for allegedly raping his wife ruling that sexual intercourse between legally wedded man and woman is not rape even if it is by force.

During the hearing of the case involving the issue of ‘marital rape’, Justice NK Chandravanshi said that ‘sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape even if it is by force or against her wish’.

The accused husband in his case stated that the accusations cannot amount to punishable offence in India since marital rape is not recognised.

The wife had alleged that after some days of marriage, her in-laws started harassing her for dowry and beat her up. The complainant had further claimed that the husband had made unnatural physical relation with her despite her protest. The high court has upheld charges of unnatural sex framed against him under Section 377 of the Indian Penal Code (IPC).

Earlier this month, the Kerala High Court held that marital rape is a valid ground for divorce even though it is not penalised in India, calling it “cruelty.”