If Wife is Eighteen or Older, Marital Rape is “No Offence”: High Court of Allahabad

The Allahabad High Court has noted that there is no criminal penalty for marital rape when the wife is 18 years of age or older because the Supreme Court is still considering petitions to criminalize the crime.

According to the Allahabad High Court, if the victim is a woman over the age of 18, marital rape cannot be prosecuted under the Indian Penal Code (IPC). While clearing a husband of charges of committing a “unnatural offence” against his wife, the court said these things.

Marital rape has not yet been made a crime in this nation, according to the bench of Justice Ram Manohar Narayan Mishra, even though they held that the accused in this case cannot be found guilty under Section 377 of the IPC.

The High Court further stated that until the Supreme Court makes a decision, there is no criminal penalty for marital rape when the victim is 18 years of age or older. This is because the petitions to criminalize marital rape are still pending before the court.

The Allahabad High Court further declared that there is no room for any “unnatural offence” (as defined by Section 377 IPC) to occur in a married relationship, supporting an earlier finding of the Madhya Pradesh High Court.

The complainant claimed in her plea that their marriage was abusive and that her husband had coerced her into doing sodomy-related acts as well as verbal and physical abuse.

The court cleared him of charges under Section 377 but found him guilty of cruelty by the husband or his family members (498-A) and intentionally causing harm (IPC 323).

The Supreme Court decided to list pleas to make marital rape a crime earlier this year. Before the Supreme Court, the central government argued that making marital rape a crime would have “social ramifications.”

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