Chhattisgarh HC: Sexual intercourse between man and wife is not rape even if by force

The Chhattisgarh high court on Thursday acquitted a man charged with marital rape stating that sexual intercourse or any sexual act between a legally wedded couple is not rape even if done by force.

A single-judge bench headed by Justice NK Chandravanshi was hearing a criminal revision plea filed by the man, seeking to quash rape charge (against him) and other offences framed against them.

The Chhattisgarh High Court held that "sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape."

A woman had lodged a complaint at the Bemetara police station of Bemetara district against her husband and in-laws for harassment for dowry.

After investigation, a charge-sheet under section 498-A (dowry harassment), 377 (unnatural offences), 376 (rape), 34 (common intention) of the IPC was filed against them.

The man was then discharged under Section 376 of the IPC - punishment for rape. However, they have pressed charges under section 377 - unnatural offenses and section 498A- relating to cruelty to women against the husband.

"There is an exception in Section 375 of the Indian Penal Code (IPC) which deals with the offence of rape and states that a sexual act by a husband with his wife (provided she is not minor) does not constitute rape," Chhattisgarh HC advocate YC Sharma said.

"There is no provision as marital rape in India," Advocate Sharma said.

( With inputs from ANI )

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