MP High Court: Section 377 IPC Not Applicable to Sexual Acts Between Husband and Wife

The Madhya Pradesh High Court held that oral and anal sex between a husband and wife cannot be punished under Section 377 IPC.

The Court was hearing a husband’s plea to quash charges filed by his wife, including sexual abuse and dowry harassment.

It observed that under the current law, sexual acts within a valid marriage are not treated as “unnatural offences”, and marital rape is not recognised.

However, the Court clarified that forced sexual acts can still amount to cruelty under Section 498A IPC. Accordingly, the Section 377 charge was quashed, but other allegations were allowed to proceed.

[Shubham Mangal v. State of Madhya Pradesh & Ors.]