Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Husband not liable under IPC Section 377 for unnatural s*x with wife: MP High Court

IANS
Updated: September 24th, 2023, 10:20 IST
in National
0
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

Bhopal: Congress MLA Umang Singhar has got a major relief as the Madhya Pradesh High Court quashed an FIR against him filed by his wife for unnatural s*x.

The court ruled that a husband cannot be liable for non-consensual “unnatural s*x” with his wife, observing that the relationship between the husband and wife cannot be confined to their sexual relationship only for the purpose of procreation.

Also Read

Nityanand Rai

Over 93,000 vacancies in CAPFs, Assam Rifles: Government tells Rajya Sabha

49 minutes ago
Anurag Thakur

Anurag Thakur calls Rahul Gandhi ‘Leader of Propaganda’ in Lok Sabha

1 hour ago

The court said that Section 375, which defines “rape” under the IPC excludes marital sexual relations from its purview.

The further stated that a husband cannot be held liable under Section 377 of IPC for non-consensual “unnatural” since Indian law presently does not recognise marital rape.

Congress MLA Singhar had filed a petition under Section 482 of CrPC for quashing the FIR registered on the fulcrum of a complaint made by his wife against him for the offences punishable under several sections of the IPC.

Justice Sanjay Dwivedi ordered to quash FIR citing the Supreme Court judgment in the Navtej Singh Johar case, wherein the top court had ruled that a consensual sexual relation between homosexual persons is not a crime.

“When same act as per the definition of Section 375 is not an offence, then how it can be treated to be an offence under Section 377 of the IPC,” the Court said.

“If anything raises their longing towards each other giving them pleasure and ascends their pleasure then it is nothing uncustomary and it can also not be considered to be unnatural that too when Section 375 IPC includes all possible parts of penetration of penis by a husband to his wife,” the Court’s order read.

The court also observed that “sexual relationship between the husband and wife is the key to a happy connubial life and that cannot be restricted to the extent of sheer procreation”.

“As per the amended definition, if offender and victim are husband and wife then consent is immaterial and no offence under Section 375 is made out and as such there is no punishment under Section 376 of IPC,” the order said.

The Court also noted that both parties were members of the same political party who had married after a longstanding relationship.

However, when their relationship deteriorated, both parties filed complaints against each other.

The Court proceeded to also dismiss allegations leveled by the wife against the husband concerning offences under Section 294 (obscene acts or songs) and Section 506 (criminal intimidation) of the IPC, terming it to be a malicious prosecution.

Further, the Court also found that there was no allegation of any dowry demand to allege the commission of an offence under Section 498A (cruelty to woman) IPC.

IANS

Tags: IPCMP High CourtNavtej Singh Johar caseSection 375Section 377
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Aman Kumar Barisal

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Adyasha Priyadarsani Sendha

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Saishree Satyarupa

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Parbati Mohanty

December 12, 2019
#MyPaperBagChallenge

Ankita Balabantray

December 12, 2019

Archives

Editorial

War Travails

War
March 11, 2026

The energy crisis engulfing the whole world is deepening with no sign of the war between Israel-USA and Iran ending...

Read moreDetails

Nepal’s Rapper PM

balendra shah
March 10, 2026

Nepal did what Bangladesh could not. Its Gen Z has transformed its pent-up anger against mainstream political parties and their...

Read moreDetails

Global Permit Raj

Permits
March 9, 2026

The insults heaped on India by senior officials of the Trump administration, including the PoTUS himself, that have become all...

Read moreDetails

Quiet Submission

March 8, 2026

By Aakar Patel I have no problem with the reality that as a nation we cannot always or even mostly...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST