The Madhya Pradesh High Court at Gwalior recently made an important decision about criminal acts within marriage. The court said that having unnatural sex with one’s wife without her consent, along with physical assault and cruelty, is a crime under Section 498A of the Indian Penal Code (IPC). This section deals with cruelty by a husband or his family. But the court also clarified that such acts do not count as a crime under Section 377 IPC when they happen inside a marriage. This is because the law has an exception for sexual acts between married couples.

This case started when a wife filed a police complaint (FIR) against her husband in Gwalior. She accused him of forcing her to have unnatural sex after drinking alcohol and hurting her when she refused. She also said he treated her cruelly, despite help from her family and the police. The husband argued that since they are legally married, the charges under Section 377 should not apply. He asked the court to stop the case.

Court explains legal limits of consent and cruelty in marriage

Justice GS Ahluwalia of the Madhya Pradesh High Court looked at the laws carefully. The court noted the Supreme Court’s famous 2018 judgement in Navtej Singh Johar v. Union of India, which said that consensual unnatural sex between adults is not a crime. But in this case, the wife did not agree. Despite this, the court said that sexual acts without consent inside a marriage are not punished under Section 377 because of a special rule in the law.

The court explained that Exception 2 to Section 375 IPC says that sexual intercourse by a husband with his wife (who is over 15 years old) is not considered rape unless they are living separately by court order. The court said, “Thus, in a nutshell, it can be said that if an unnatural sex takes place between two persons of either the same gender or different genders with the consent of both parties, then it would not be an offence under Section 377 of IPC.” But the court also added, “Thus the consent of both the parties is necessary for taking the act out of the purview of Section 377 of IPC.”

The court then looked at the cruelty charge under Section 498A IPC. It said cruelty means more than just asking for dowry. It also includes any behaviour that causes serious mental or physical harm to the wife. The judge said, “Committing unnatural sex with a wife against her wishes and of her resistance, assaulting her and treating her with physical cruelty will certainly fall within the definition of cruelty.” The court also made clear that cruelty under Section 498A is not only about money or dowry demands.

Partial quashing of charges, but proceedings continue

The court partly accepted the husband’s request. It stopped the charge under Section 377 IPC but allowed the police case to continue for the charges of cruelty (Section 498A) and voluntarily causing hurt (Section 323). The court said, “Accordingly, this application is partially allowed. The offence under Section 377 is hereby quashed. However, FIR in relation to offences under Sections 498A and 323 of the IPC is upheld.”

This ruling is important because it explains how the law treats sexual acts and cruelty within marriage. It confirms that forced unnatural sex inside marriage is seen as cruelty and physical assault but not as an offence under Section 377 IPC. The decision also highlights that cruelty can happen without any dowry demand and includes physical and mental abuse.

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