Marital Rape: Allahabad High Court Says There Is 'No Offence' If Wife Is 18 Or Above

As per media reports, the Allahabad High Court's remarks on marital rape came while acquitting a husband of charges of committing an ‘unnatural offence’ against his wife.

Allahabad High Court

As a latest development the Allahabad High Court observed that marital rape cannot be considered within the ambit of offence under the Indian Penal Code (IPC) if the wife is above the age of 18. As per media reports, the high court's decision came while acquitting a husband of charges of committing an ‘unnatural offence’ against his wife.

What did the high court say?

According to a report by Live Law, the bench of Justice Ram Manohar Narayan Mishra stated that marital rape has not been criminalised in this country as yet.

Allahabad HC also noted that since the petitions seeking the criminalisation of marital rape are still pending before the Supreme Court, there is no criminal penalty for marital rape when the wife is 18 years of age or older until the top court decides the matter.

Taking into cognisance a previous observation of the Madhya Pradesh High Court, the Allahabad HC also stated that there is no place for any ‘unnatural offence’ (as per Section 377 IPC) to take place in a marital relationship.

About the case

It has been reported that the complainant in her plea alleged that their marriage was an abusive relationship, and the husband allegedly subjected her to verbal and physical abuse and coercion, including acts of sodomy.

The court convicted him under sections related to cruelty by the husband or relatives of the husband (498-A) and voluntarily causing hurt (IPC 323) while acquitting him of charges under Section 377.

Earlier this year, the Supreme Court agreed to list pleas to criminalise marital rape. The central government had submitted before the top court that criminalising marital rape would have “social ramifications”.

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