However, the same will not amount to an offence under Section 376 (rape) or 377 (unnatural offences) of IPC, the Court said.
The Madhya Pradesh High Court recently ruled that a husband forcing his wife into unnatural sex acts without her consent, and assaulting her for resisting, amounts to cruelty under Section 498A of the IPC.
However, the Court clarified that such conduct does not constitute offences under Section 376 (rape) or Section 377 (unnatural offences).
Justice GS Ahluwalia delivered the judgment while quashing the charge under Section 377 IPC, but upheld charges of cruelty and assault under Sections 498A and 323 IPC.
“Committing unnatural sex with wife against her wishes and on her resistance, assaulting and treating her with physical cruelty will certainly fall within the definition of cruelty,” the Court said.
The accused had moved the Court seeking to quash the entire case filed on his wife’s complaint. She alleged that he would force her into unnatural sexual acts after consuming alcohol, and subjected her to assault and cruelty when she refused to comply.
In his defence, the husband contended that unnatural sex with one’s wife does not constitute rape under Section 375 of the IPC. He further argued that since the primary allegation itself does not amount to an offence, the charge under Section 498A IPC was not sustainable.
The Court concurred that, based on a prior ruling by the High Court, unnatural sex with a wife does not attract charges under Sections 376 or 377 of the IPC.
However, it held that the specific allegations of the husband assaulting his wife and subjecting her to physical cruelty whenever she resisted such acts were sufficient to establish an offence under Section 498A IPC.
“Accordingly, this application is partially allowed. Offence under Section 377 is hereby quashed. However, FIR in relation to offence under Section 498A and 323 of IPC is upheld,” it ordered.