Forced Unnatural Sex by Husband Amounts to Cruelty, Not Rape: MP High Court

The Madhya Pradesh High Court held that forced unnatural sex by a husband amounts to cruelty under Section 498A IPC, but cannot be prosecuted as rape due to the marital exception under Section 375 IPC.

The Court was hearing a husband’s plea seeking quashing of an FIR by the wife alleging physical abuse and non-consensual unnatural sexual acts.

While holding that offences under Sections 376(2)(n) and 377 IPC are barred in view of Exception 2 to Section 375 IPC, the Court clarified that such conduct still constitutes cruelty under Section 498A IPC.

Accordingly, charges under Sections 376(2)(n) and 377 IPC were quashed, while proceedings under Sections 498A, 323 and 294 IPC were allowed to continue.

[SM v. State]