Allahabad HC says marital rape 'no offence' if wife is 18 years or older, acquits husband

ALLHAHABAD: The Allahabad High Court observed that marital rape is not a crime if the wife is 18 years of age or above. The court's observation came while acquitting a man in the case filed by the wife alleging 'unnatural offence'.

Justice Ram Manohar Narayan Mishra stated that marital rape has not yet been criminalized in India. The court pointed out that the petition demanding to make marital rape a crime is under consideration by the Supreme Court. The court added that marital rape is not a punishable offense if the wife is 18 years or above and will remain so until the Supreme Court takes a decision on the matter.

Referring to the previous judgment of the Madhya Pradesh High Court, the Allahabad High Court observed that 'unnatural harassment' under Section 377 has no place in marital relations.