Chhattisgarh HC Ruling on Marital Rape

February 17, 2025

The Chhattisgarh High Court recently delivered ruling regarding marital rape and its implications under the Indian Penal Code (IPC). This decision has sparked widespread discussion on the legal protections available for women and the status of Section 377, which addresses non-consensual sexual acts. The ruling emerged from a case involving a man’s conviction for the death of his wife, where the court reversed previous judgments based on interpretations of marital rights and consent.

Context of the Ruling

The ruling was based on an appeal from a man convicted under Sections 375 (rape), 377 (unnatural offences), and 304 (culpable homicide) of the IPC. The trial court had found that the wife suffered from health issues due to forced sexual relations. The High Court brought into light that Section 375 exempts husbands from prosecution for non-consensual sex with their wives, raising questions about the validity of such exemptions in contemporary law.

Marital Rape Exception

Section 375 of the IPC includes a clause that protects husbands from being prosecuted for marital rape. This legal provision has been a point of contention in ongoing discussions about women’s rights and consent. Despite amendments to the definition of rape in 2013, the marital rape exception remains intact, reflecting societal attitudes towards marriage and consent.

Implications of Section 377

Section 377 criminalises “unnatural offences,” which includes acts that do not lead to procreation. Following the Supreme Court’s 2018 decriminalisation of homosexuality, the High Court interpreted that consensual acts between partners do not fall under this section. However, the court maintained that non-consensual acts still warrant legal scrutiny under Section 377, complicating the landscape of sexual offence laws.

Impact of the Bharatiya Nyaya Sanhita

The recent omission of Section 377 from the Bharatiya Nyaya Sanhita (BNS) has raised concerns among legal experts. Critics argue that this omission leaves gaps in legal protection for both women and LGBTQIA+ individuals against sexual offences. The BNS primarily addresses offences against women and children, neglecting the realities faced by male and transgender victims.

Legal and Social Reactions

Legal professionals and advocates have expressed alarm over the implications of the High Court’s ruling. The absence of provisions for non-consensual acts in the BNS could result in inadequate legal recourse for victims. A Parliamentary Standing Committee previously noted that Section 377 remained applicable for non-consensual acts, underscoring the need for comprehensive legal frameworks that protect all individuals.

« Previous Post Next Post »