The Allahabad High Court ruled that a husband can be punished under Section 377 IPC for engaging in unnatural sex with his wife without her consent. This remains valid even if the wife is above 18 years of age. The act may not be classified as rape under Section 375 IPC, but it still qualifies as an offence under Section 377 IPC.
Case Background
The case involved Imran Khan @ Ashok Ratna, who faced charges under Sections 498-A, 323, 504, 506, 377 IPC, and 3/4 of the Dowry Prohibition Act. He challenged the FIR filed by his wife, arguing that Section 377 IPC does not apply between a husband and wife.
Petitioner’s Stance
The petitioner argued that the FIR was delayed and Section 377 should not apply in a marital relationship. He cited earlier rulings by the Madhya Pradesh High Court, which held that non-consensual unnatural sex within marriage is not punishable under Section 377 IPC.
Court’s Ruling
Justice Arun Kumar Singh Deshwal disagreed with the Madhya Pradesh High Court. He held that a woman’s individual right to consent and her sexual orientation must be respected. The bench cited the Supreme Court’s ruling in Navtej Singh Johar v. Union of India (2018), which decriminalized consensual carnal intercourse between adults but upheld punishment for non-consensual acts.
The Court noted that oral or anal sex without consent, even in marriage, violates a woman’s dignity and autonomy. It emphasized that consent remains crucial, regardless of marital status.
Final Verdict
The Allahabad High Court found a prima facie case against the husband. It rejected the plea to quash the FIR. The Court also noted allegations of cruelty and dowry harassment.
