Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: MP high court rules Section 377 not applicable in marital ‘unnatural sex’ case – Legal Perspective
The Madhya Pradesh High Court has ruled that a husband cannot be prosecuted under Section 377 IPC for alleged “unnatural sex” with his wife
Mumbai: The Madhya Pradesh High Court, Gwalior bench, has quashed charges of “unnatural sex” against a married man from Bhind district, holding that such allegations cannot be prosecuted within a valid marital relationship under the existing legal framework.
The order was passed by Justice Milind Ramesh Phadke while hearing a petition seeking the quashing of an FIR and related charges filed by the wife.
The court observed that even if the allegations of forced “unnatural acts” are accepted at face value, they pertain to acts within a marriage and therefore do not constitute an offence under Section 377 of the Indian Penal Code. It noted that the 2013 amendment to Section 375 IPC significantly expanded the definition of rape to include various forms of sexual acts, including oral and anal penetration. However, the law continues to retain an exception which states that sexual acts by a man with his own wife are not treated as rape.
In light of this legal position, the court held that invoking Section 377 IPC in such cases is not sustainable and ruled that such allegations do not amount to an offence under the provision, thereby setting aside the charge against the husband.
At the same time, the court declined to interfere with other charges in the case, including allegations of cruelty related to dowry, assault, and criminal intimidation. It noted that these charges are supported by material on record and should be examined during the course of the trial.
The ruling comes amid a broader trend in the Gwalior-Chambal region, where Section 377 IPC has increasingly been invoked in matrimonial disputes alongside other charges. Courts have repeatedly examined its applicability in the context of marriage, particularly in view of the continuing legal exception governing marital relationships under Indian law.
Published: 28 Mar 2026, 03:14 pm IST
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