HC: Forced unnatural sex with wife amounts to cruelty under IPC 498A, the section known for dowry cases

The Madhya Pradesh High Court has ruled that forcing unnatural sex on a wife, along with physical assault and cruelty, is an offence under Section 498A of the Indian Penal Code (IPC). The court upheld an FIR registered by a woman against her husband but clarified that the husband cannot be charged under Sections 377 or 376, as marital rape is not recognised as a crime under Indian law.

Charges challenged by husband

The police had filed charges against the accused under Sections 377 (unnatural sex), 323 (assault), and 498A (cruelty by husband or relatives). The husband contested the FIR in the High Court, arguing that unnatural sex with a wife is not an offence under Indian law. He also claimed that Section 498A did not apply because no dowry harassment was alleged.

Court’s ruling on cruelty and Section 498A

Justice G S Ahluwalia of the Gwalior bench stated, "Committing unnatural sex with a wife against her wishes and on her resistance, assaulting and treating her with physical cruelty will certainly fall within the definition of cruelty. It is not out of place to mention here that demand of dowry is not sine qua non for cruelty."


The court explained, "From a plain reading of IPC section 498A, it is clear that any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or cause grave injury or danger to life, limb, or health, whether mental or physical, to the woman, would amount to cruelty."

Marital rape charges quashed, other charges upheld

The High Court ruled that unnatural sex with a wife does not constitute an offence under Section 376 (rape) or Section 377 (unnatural sex) of the IPC and quashed those charges. However, it upheld the charges under Section 498A and Section 323 based on specific allegations that the wife was assaulted and treated with physical cruelty when she resisted.

The court concluded, "This court is of the considered opinion that offence under section 498A IPC is made out. Accordingly, this application is partially allowed. Offence under section 377 is hereby quashed. However, FIR in relation to offence under Section 498A and 323 stands."

Significance of the ruling

This judgement clarifies the legal stance on forced unnatural sex within marriage and confirms that cruelty under Section 498A applies even when dowry demands are not involved. It strengthens protection for women facing physical cruelty in marriage.