The Allahabad High Court has stated that marital rape is not considered an offense under the Indian Penal Code (IPC) if the wife is above the age of 18. This observation came while acquitting a husband of charges related to an 'unnatural offense' against his wife. The court, led by Justice Ram Manohar Narain Mishra, noted that marital rape has not been criminalized in the country. The High Court highlighted that until the Supreme Court decides on petitions seeking the criminalization of marital rape, there is no criminal penalty for it when the wife is 18 years or older. The court also emphasized that there is no place for an 'unnatural offense' within a marital relationship, citing a previous observation by the Madhya Pradesh High Court. The husband was convicted under sections related to cruelty and voluntarily causing hurt, while charges under Section 377 were acquitted. The Supreme Court has agreed to list pleas to criminalize marital rape, with the government expressing concerns about potential social ramifications.
Key Points
1. The Allahabad High Court has stated that marital rape cannot be considered a criminal offense under the Indian Penal Code (IPC) if the wife is 18 years of age or older.
2. The remarks were made in the context of acquitting a husband accused of committing an 'unnatural offence' against his wife, citing the absence of criminalization of marital rape in the country.
3. The court, led by Justice Ram Manohar Narain Mishra, clarified that the accused cannot be convicted under Section 377 of the IPC for committing an 'unnatural offence.'
4. The High Court emphasized that marital rape has not been criminalized in India, and as petitions advocating for the criminalization of marital rape are pending before the Supreme Court, there is no criminal penalty for it when the wife is 18 years or older until a decision is reached.
5. The Allahabad High Court echoed a prior observation by the Madhya Pradesh High Court, stating that there is no room for an 'unnatural offence' (as per IPC Section 377) within a marital relationship.
6. The case involved allegations of verbal and physical abuse, including acts of sodomy, in an allegedly abusive marital relationship.
7. The court convicted the husband under sections related to cruelty by the husband or relatives (498-A) and voluntarily causing hurt (IPC 323) but acquitted him of charges under Section 377.
8. The Supreme Court has agreed to hear pleas seeking the criminalization of marital rape, a matter that the Central government has argued could have significant "social ramifications."
9. The Allahabad High Court's ruling underscores the current legal stance on marital rape and highlights the ongoing debate surrounding its criminalization in India.
10. The decision emphasizes the need for clarity and legal resolution on the issue of marital rape, as it currently remains outside the purview of criminal sanctions in certain circumstances.
(With Agency Inputs)
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