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“Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A of the IPC, but cannot be prosecuted as rape under Section 376 of the IPC as in a Section 377 context, marital rape concept is not recognized under current law because of the express marital exception in Section 375.”
“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.
The petition was requested to be treated as a representation since the Government is in the process of receiving inputs on the new criminal laws from various stakeholders.
Suchita Shukla, Editorial Assistant has put this story together
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