State PCS - Chhattisgarh (CGPSC)

• 12 Feb 2025

Chhattisgarh High Court Take on Unnatural Sex

Why in News? 

The Chhattisgarh High Court has ruled that a man engaging in sexual intercourse or sexual acts with his wife does not constitute rape. Consequently, if a husband commits unnatural sex as defined under Section 377 of the Indian Penal Code with his wife, it also cannot be treated as an offense. 

 Key Points 

• Case Background: 
  • The Chhattisgarh High Court heard an appeal filed by a resident of Bastar district challenging his conviction in his wife’s 2017 death case. 
  • A sessions court had earlier ruled that the woman became ill and later died due to a forced physical relationship. 
• Trial Court's Conviction: 
  • The sessions court convicted the appellant under: 
    • Section 377 (unnatural sex) 
    • Section 376 (rape) 
    • Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code, 1860. 
  • The appellant was sentenced to 10 years of rigorous imprisonment based on his wife's dying declaration. 
• High Court's Ruling: 
  • The court stated that sexual intercourse or acts by a husband with his wife cannot be termed as rape if the wife is above 15 years of age. 
  • It ruled that lack of consent for unnatural sex loses significance under these circumstances, making Sections 376 and 377 inapplicable. 
  • The High Court also expressed skepticism about the correctness of the dying declaration, raising concerns over its reliability.