Non-Consensual Unnatural Sex with Wife Punishable Under Section 377 IPC : Allahabad High Court

The Allahabad High Court held that non-consensual, unnatural sexual intercourse by a husband with his wife who is above 18 years of age is a punishable offence under Section 377 of IPC, even though such act doesn’t fall under the category of rape in Section 375 which criminalises unnatural sexual offences. 

The court stated that a woman despite being a wife also has individual right to a particular sexual orientation and dignity. Her consent is important for sex other than penile-vaginal intercourse.

The Allahabad High Court disagreed with the Madhya Pradesh High Court’s view that unnatural sex with a wife over 18 years is not a rape therefore not an offence under Section 377 IPC.