Home » ‘Sex with wife is not rape, even if it is forced’: Chhattisgarh High Court

‘Sex with wife is not rape, even if it is forced’: Chhattisgarh High Court

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Ground Report | New Delhi: Sex with wife is not rape; The Chhattisgarh High Court on August 26 acquitted the accused of alleged rape of his wife, observing that “sexual intercourse by the husband with a legally married wife or any sexual act is not rape, Even if it was done forcibly or against her will.”The court, however, upheld the charges leveled against the man under section 377 (unnatural sex) of the Indian Penal Code (IPC).

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Sex with wife is not rape

Justice NK Chandravanshi, relying on an exception under section 375 of the IPC, said: “sexual intercourse with his wife or a sexual act, if the wife is not less than 15 years of age, not rape.” In this case, the complainant is the legally married wife of the applicant, therefore, sexual intercourse or any sexual act by the husband with her would not constitute an offense of rape, even if it was forcibly or against her will.”

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The wife has alleged in her complaint that a few days after her marriage, she was brutally abused and tortured for dowry. She has also alleged that her husband had unnatural sex with her.

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The wife’s complaint alleges that she was subjected to cruelty, abuse, dowry, and violence. She also alleged that her husband had unnatural sex with her and sexually assaulted her. She said that despite her protests, she inserted her fingers and radish into her vagina.

On the basis of sexual abuse, the court observed, “Where the prime intention of the offender is to obtain unnatural sexual gratification, the repeated insertion of an object into the sexual part of the victim and consequently to obtain sexual pleasure, such an act shall be regarded as an erotic act.” I will have intercourse against the order of nature.”

People criticized 

Many people expressed their displeasure on Twitter. Users said that this decision goes a long way in the direction of making marital rape a crime. At the same time, many users said that the consent of women is important in sexual intercourse and the court should understand this.

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