Wife Dies Due to Unnatural Sex: Husband Forces Wife into Unnatural Relations, Leading to Her Death; High Court Declares It Not a Crime

In a landmark judgment, the Bilaspur High Court ruled that a husband cannot be prosecuted under Section 376 (rape) or Section 377 (unnatural offenses) of the Indian Penal Code (IPC) for engaging in unnatural sexual relations with his adult wife without her consent.

Case Details

The incident dates back to December 11, 2017, when the husband reportedly forced his wife into unnatural sexual acts against her will. Following the incident, the wife fell seriously ill and was admitted to a hospital. Tragically, she passed away the same day. Her dying declaration, recorded by an executive magistrate, revealed that her illness was caused by her husband’s actions.

A police report was filed, and the husband was initially convicted by a trial court under IPC Sections 377 (unnatural offenses), 376 (rape), and 304 (culpable homicide not amounting to murder). He was sentenced to 10 years of rigorous imprisonment. The accused later appealed the conviction in the High Court.

High Court Ruling

Justice Narendra Kumar Vyas, presiding over the case, declared that under IPC Section 375, sexual acts between a husband and wife—if the wife is over 15 years old—do not constitute rape. The court emphasized Exception 2 of Section 375, which explicitly exempts marital sexual acts, including those classified under Section 377, from being labeled as criminal offenses.

The court further noted that Sections 375, 376, and 377 do not recognize the concept of rape within a marital relationship if the wife is above 15 years of age. Consequently, even if a husband engages in unnatural sexual acts with his adult wife, it does not fall under the ambit of criminal offense as defined by the IPC.

Observations on Section 304 IPC

Regarding the trial court's decision to convict the husband under Section 304 IPC, the High Court termed it "distorted" and "legally flawed." It observed that the prosecution failed to establish a direct link between the accused's actions and the provisions of Section 304. The court remarked that the trial court’s interpretation and conviction under this section lacked legal validity and warranted intervention.

Outcome

The High Court overturned the trial court’s judgment, acquitting the accused of all charges. The court also ordered his immediate release from prison.

Key Takeaways

1. Can a husband be convicted of unnatural sexual acts with his wife?
   According to the High Court, if the wife is above 15 years of age, unnatural sexual acts between a husband and wife are not considered a criminal offense under IPC Sections 375 and 377.

2. Is sexual intercourse without a wife’s consent considered a crime?
   Under the current interpretation of the IPC, sexual intercourse without the wife’s consent is not considered a crime if the wife is over 15 years old.

3. Was the husband initially convicted?
   Yes, the trial court convicted the husband under Sections 376, 377, and 304 IPC. However, the High Court overturned the conviction.

4. What did the High Court say about the Section 304 conviction?
   The High Court labeled the Section 304 conviction as "distorted" and "legally untenable."

5. What happened to the accused after the High Court’s judgment?
   The accused was acquitted of all charges and ordered to be released from jail.

This controversial judgment has sparked significant debate regarding marital rights, consent, and the interpretation of IPC provisions in the context of spousal relationships.