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The courtroom within the judgment mentioned if the spouse is greater than 15 years outdated, “any sexual activity” or sexual act by the husband can’t be termed as rape.
Chhattisgarh Excessive Court docket dominated that unnatural intercourse between a person and his grownup spouse doesn’t advantage punishment. (Consultant Picture)
In a stunning judgment, the Chhattisgarh Excessive Court docket dominated that unnatural intercourse between a person and his grownup spouse doesn’t advantage punishment. The courtroom’s choice got here whereas listening to a case involving a person whose spouse died in hospital following unnatural intercourse with out her consent in 2017.
You will need to word that marital rape shouldn’t be a punishable offence in India. Nevertheless, with the Excessive Court docket judgment unnatural intercourse can also be positioned out of the ambit of punishment.
The courtroom within the judgment mentioned if the spouse is greater than 15 years outdated, “any sexual activity” or sexual act by the husband can’t be termed as rape underneath any circumstance. With this judgement, the absence of spouse’s consent for unnatural intercourse loses significance.
The Chhattisgarh Excessive Court docket dominated that the husband can’t be prosecuted for the fee of the offence of rape underneath Part 376 or unnatural intercourse underneath Part 377 of the Indian Penal Code (IPC) for having any sexual activity, together with each unnatural intercourse, along with his main spouse even with out her consent.
In line with LiveLaw, it was alleged that the appellant inserted his hand within the ‘anus’ of the sufferer following which the sufferer complained of ache and subsequently, was admitted to the hospital for remedy. Sadly, she couldn’t be saved.
“From perusal of Part 375, 376 and 377 IPC it’s fairly vivid that in view of amended definition of Part 375 IPC, offence underneath Part 377 IPC between husband and spouse has no place and, as such rape can’t be made out.”
- Location :
Chhattisgarh, India, India
