Bhopal, January 11: A special court in Gwalior has ruled that a husband engaging in unnatural sex with his wife cannot be considered a crime, dismissing charges under Section 377 of the Indian Penal Code (IPC). The decision was made during a hearing involving Pawan Maurya, who was accused of committing an unnatural act.
According to a report published by NDTVMPChattisgarh, Special Judge Vivek Kumar, citing a ruling by the Madhya Pradesh High Court in a case involving MP’s Leader of Opposition Umang Singhar, stated that “Sexual activity between a man and his wife is not rape,” and that unnatural sex under Section 377 cannot be termed a crime in this context.
However, the court clarified that the trial would continue on other charges, including domestic violence, assault, and dowry harassment, as alleged by Maurya’s wife.
According to Advocate Ajay Dwivedi, the victim married Pawan Maurya on November 30, 2020. On February 25, 2024, she filed an FIR at the Mahila Thana Padav, accusing her husband of engaging in unnatural sex after drinking alcohol and demanding dowry. She also claimed he physically assaulted her when she refused his demands. The case, which involves charges under Sections 377, Dowry Harassment, Domestic Violence, and Assault, will now proceed on those grounds, while the charge of unnatural sex has been dropped.
In May last year, the Madhya Pradesh High Court ruled that unnatural sex by a husband with his legally wedded wife residing with him is not an offence under IPC Section 377. The high court came to this ruling after observing that marital rape has not been recognised so far in India. The HC said, in view of the amended definition of rape under IPC Section 375, “absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognised so far.”
(The above story first appeared on Today News 24 on Jan 11, 2025 04:43 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website todaynews24.top).
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