'Unnatural act without consent of wife is not a crime', Chhattisgarh High Court's decision:'Unnatural act without consent of wife is not a crime', Chhattisgarh High Court's decision

The Chhattisgarh High Court has given a big verdict on Monday. The court has said that a husband cannot be prosecuted for the crime of rape under section 376 of the BNS or for the crime of unnatural sex under section 377 for having unnatural sex with his adult wife even without her consent. According to Live Law, a single bench of Justice Narendra Kumar Vyas said- "It is clear that if the wife is not less than 15 years of age, then any sexual intercourse or sexual act by the husband with the wife cannot be termed as rape under such circumstances. Because the absence of consent of the wife for the unnatural act loses its significance, therefore, this court believes that the crime under sections 376 and 377 of the IPC is not made out against the appellant."

What is the whole matter?

In fact, the appellant in the court is the husband of the deceased-victim. According to Live Law, the appellant had unnatural sex with the victim against her consent. The victim complained of pain and was then admitted to the hospital. The victim's statement before death was recorded by the Executive Magistrate. The victim had stated that she had become ill due to forced sex by her husband. After this, the victim died on the same day.

The trial court had found him guilty

The trial court had convicted the husband for committing the offences under sections 377 (unnatural offence), 376 (punishment for rape) and 304 (punishment for culpable homicide not amounting to murder). Against which the husband filed an appeal before the High Court.

What did the court say in its decision?

The court has said in its judgment that if the age of the wife is not less than 15 years, then any sexual act by the husband cannot be termed as rape under any circumstances. In this way, the lack of consent of the wife for unnatural act loses its importance. Therefore, the offence under Section 376 and 377 of IPC is not made out against the appellant. The court said that as far as the appellant is convicted under Section 304, which is nothing but perversion and patent illegality. The court said that it deserves the interference of this court. Therefore, the court has acquitted the appellant husband of all the charges. The court has ordered the immediate release of the husband from jail custody.