The Chhattisgarh High Court has ruled that a husband’s sexual act with his wife, without her consent, is not considered a crime under Indian law, in a significant legal ruling. The case, which involved a woman who underwent unnatural sexual acts by her husband without her consent in 2017, was heard by a single bench. The woman later succumbed to her illness while receiving treatment at a hospital and stated in her death statement that her husband was the cause of her death.
The recent judgment by the Chhattisgarh High Court, which stated that "sexual acts by husband with wife cannot be termed as rape" and that "absence of consent for unnatural act loses significance," raises several concerns regarding marital rape and consent.
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Following this, the trial court sentenced the husband to 10 years in prison. However, the husband challenged the trial court’s verdict in the High Court. Justice Narendra Kumar Vyas of the Chhattisgarh High Court reviewed the case and concluded that sexual acts between married couples are not classified as rape unless the wife is a minor. The court ruled that marital rape is not considered a crime in India unless the wife is under 18 years of age. It also stated that unnatural sexual acts could not be treated as a criminal offense under current laws.
The High Court overruled the trial court’s verdict and acquitted the husband, declaring him not guilty under sections 376 and 377 of the Indian Penal Code.
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