‘Forced sex with wife is not rape’: Bilaspur High Court verdict

The Bilaspur High Court in an important judgment today ruled that sex or any sexual act by a husband with a legally married wife is not rape, whether by force or against her will. Bilaspur High Court Judge N.K. Chandravanshi in his order said, “Sex or sexual act by a man with his own wife (who is not less than 18 years of age) is not rape. In this case the complainant is legally the wife of the applicant, therefore by her Sexual intercourse or any sexual act with her is not a ground for the offense of rape on the husband, whether by coercion or against his will.

Therefore, the allegations against the husband under section 376 of IPC are wrong and illegal. He is entitled to be acquitted under section 376 of I.P.C. Applicant No. 1 is discharged from the charge against him under section 376 of IPC.

Advocate YC Sharma said that the High Court has not considered the forcible relationship made by the husband with the wife in the category of rape. The High Court in its landmark judgment has acquitted the husband of marital rape. According to the lawyer of the victim husband, now after this order, such an offense will not be registered against any husband. This order will prove to be historical as well as juristic.

The whole matter is of Bemetara district. Where a wife lodged an offense of rape in the police station against her husband forcibly having a relationship with her. The challan was presented in the lower court. The lower court held the husband as an accused for this act. Against this, the aggrieved husband filed a petition in the High Court through his advocate YC Sharma. The advocate cited several judgments including the Supreme Court.

The matter was heard in the Single Bench of Justice NK Chandravanshi. Justice Chandravanshi, after seeing all the arguments and judgment, while giving a big and historic decision, has acquitted the petitioner victim husband from the charge of marital rape.