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Unnatural sex with wife without her consent is punishable under Section 377 IPC: Allahabad High Court
Update / Judgement Date
07 May 2025
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Allahabad High Court ruled that non-consensual unnatural sex between husband and wife is punishable under Section 377 IPC, rejecting marital immunity claims. The landmark judgment held that marriage doesn't grant license for sexual violence and that consent remains paramount in all sexual relations. The case involved a wife's complaint about forced unnatural sex by her husband. The court emphasized that constitutional rights to dignity and bodily autonomy override traditional notions of marital obligations. This progressive interpretation expands protections against marital sexual violence in India. The judgment aligns with evolving jurisprudence on marital rape, though stopping short of expressly recognizing it under Section 375. Women's rights activists welcome this as an important step toward recognizing sexual autonomy within marriage. The ruling may influence pending petitions seeking full criminalization of marital rape before the Supreme Court.