Marital rape is not a crime if the wife is above 18 years of age

Prayagraj. The Allahabad High Court has said that marital rape cannot be considered a crime under the Indian Penal Code (IPC) if the wife is above 18 years of age. The court made this comment while acquitting a husband of committing ‘unnatural crime’ against his wife. Holding that the accused in this case could not be convicted under Section 377 of the IPC, a bench of Justice Ram Manohar Narayan Mishra said that marital rape has not yet been criminalized in this country.

The High Court also said that since the petitions seeking to criminalize marital rape are still pending before the Supreme Court, till the time the apex court decides the case, unless the wife is 18 years of age or older Until then, there is no criminal penalty for marital rape. The Allahabad High Court, supporting the earlier observation of the Madhya Pradesh High Court, also said that there is no room for any ‘unnatural offence’ (as per IPC Section 377) in a marital relationship.

The complainant in her petition alleged that their marriage was an abusive relationship and the husband allegedly subjected her to verbal and physical abuse and coercion, which also included unnatural sex. The court convicted her under sections related to cruelty (498-A) and voluntarily causing hurt (IPC 323) by husband or relatives of husband, while acquitted her of charges under section 377. Earlier this year, the Supreme Court agreed to list petitions seeking to criminalize marital rape. The central government had said before the apex court that declaring marital rape a crime would affect the society.