The Allahabad High Court recently acquitted a husband of the charges under Section 377 IPC for allegedly committing an "unnatural offence" against his wife. The court, while acquitting the man, said that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more than that. The high court bench of Justice Ram Manohar Narayan Mishra, while passing the order, also noted that there is no provision like Section 377 IPC in the proposed Bhartiya Nyay Sanhita, which is likely to replace the Indian Penal Code. The Allahabad High Court also endorsed the Madhya Pradesh High Court's recent view, which stated that there is no place for any unnatural offence (as per Section 377 IPC) to take place between a husband and wife after the 2013 amendment to the definition of Section 375 IPC (Rape). HC on Live-In Relationship: Allahabad High Court Calls Live-In Relationships 'Time Pass', Says It Lacks Stability and Sincerity While Denying Police Protection to Inter-Faith Couple.
HC on Marital Rape
'Marital Rape No Offence If Wife Is 18 Or Above': Allahabad HC Endorses MP HC's View That Husband Not Liable U/S 377 IPC For Unnatural Sex | @ISparshUpadhyay#MaritalRape #AllahabadHighCourt #MadhyaPradeshHighCourt #UnnaturalSex #Section377IPChttps://t.co/YxInv1N6HK
— Live Law (@LiveLawIndia) December 8, 2023
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