Madhya Pradesh high court drops ‘unnatural offence’ charge against husband, cites marital exception

BHOPAL: The Madhya Pradesh high court (Gwalior) has quashed the charges of ‘unnatural sex’ against a husband in a case from Bhind, holding that such allegations cannot be prosecuted within a valid marriage under the existing legal framework.

Hearing a petition seeking quashing of FIR and charges, Justice Milind Ramesh Phadke observed that even if the allegations of forced “unnatural acts” made by the complainant are accepted at face value, they pertain to acts within a marital relationship and therefore do not constitute an offence under Section 377 IPC.

The court explained that after the 2013 amendment, the definition of rape under Section 375 IPC has been significantly expanded to include various forms of sexual acts, including oral and anal penetration. However, it also pointed to the continuing exception in law which states that “sexual intercourse or sexual acts by a man with his own wife… is not rape.”

In this backdrop, the court held that the legal position is clear that such acts, when alleged between husband and wife, cannot be brought under Section 377 IPC. “Such allegations would not constitute an offence under Section 377 IPC,” the court ruled while quashing the charge against the husband.

At the same time, the court refused to interfere with the remaining charges, including cruelty for dowry, assault and criminal intimidation, noting that these are supported by material on record and must be examined during trial.

The order comes amid a growing pattern in the Gwalior-Chambal region, where Section 377 IPC is increasingly being invoked in matrimonial disputes alongside dowry and cruelty charges.

Officials say the section is often added to strengthen the case and increase legal pressure, though courts have repeatedly tested its applicability in the context of marital relationships.