Marital rape is not a crime if wife's age is 18 years or more says Allahabad high court

In a significant judgement the Allahabad High Court has said that if the wife is 18 years of age or more then marital rape cannot be considered a crime under Section 377 of the IPC.

The court made this comment while acquitting the husband of the charge of 'unnatural crime' against the wife.

The bench of Justice Ram Manohar Narayan Mishra said that in this case the accused cannot be held guilty under Section 377. Marital rape has not yet been considered a crime in the country. Petitions seeking to criminalize marital rape are pending before the Supreme Court. The bench said that till the apex court pronounces the verdict in the case, there is no punishment for marital rape of a wife of 18 years of age or older.

The bench, endorsing a observation of the Madhya Pradesh High Court, also said that there is no place for any 'unnatural offence' (as per Section 377) in a marital relationship. Earlier this year, the Supreme Court had agreed to hear petitions to criminalize marital rape. The central government had told the apex court that declaring marital rape a crime would affect the society.

The complainant wife had alleged in the petition that her marriage was an abusive relationship. The husband allegedly abused her verbally and physically. This included unnatural sex. The court held the husband guilty of cruelty (Section 498-A) and voluntarily causing hurt (Section 323), while acquitted him of charges under Section 377.