: Sex between married couple not rape ‘even if by force’, says Chhattisgarh High Court #IndiaNEWS The Chhattisgarh High Court recently quashed charges of rape against a man by his wife, saying that

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Sex between married couple not rape ‘even if by force’, says Chhattisgarh High Court #IndiaNEWS
The Chhattisgarh High Court recently quashed charges of rape against a man by his wife, saying that marital rape was not an offence under the Indian law, Bar and Bench reported on Thursday. In his judgement on August 23, Justice NK Chandravanshi cited an exception in the Indian Penal Code Section 375, which notes that sexual intercourse by a man with his wife does not amount to rape as long as the woman is above the age of 15. Section 375 defines the offence of rape.“In this case, complainant is [the] legally wedded wife...therefore, sexual intercourse or any sexual act with her by the...husband would not constitute an offence of rape, even if it was by force or against her wish,� the judge said in his order.However, the court upheld charges against the husband under Indian Penal Code Sections 498A (cruelty against women) and 377 (unnatural offences, carnal intercourse against the “order of nature�). The man’s family members have also been charged under Section 498A of the IPC.The woman had complained that her husband and the woman’s in-laws had harassed her for dowry and beaten her up after the couple got married. She also alleged that the husband had unnatural sex with her, and had forcibly penetrated her vagina.The court was hearing...Read more

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