Sexual Act Between Husband-Wife ‘Even if by Force’ Not Rape: Chhattisgarh High Court

Chhattisgarh High Court today said a man accused of marital rape ruling that sex between a man and his legally married wife is not rape “even if it was against her wish”. Even though the court imposed charges against him under Section 377 of the Indian Penal Code (IPC) for  forcing “unnatural physical relation” with his wife, the verdict against marital rape comes as a fail on the judiciary system of India.

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“Sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape. In this case, the complainant is the legally wedded wife of applicant No. 1, therefore, sexual intercourse or any sexual act with her by Applicant No. 1/husband would not constitute an offence of rape, even if it was by force or against her wish,” Chhattisgarh High Court