Rape Case: Husband & Wife
Mukul Kr. Singh
(Querist) 08 July 2011
This query is : Resolved
Can a wife put an allegation on her husband to have been raped by him against her wishes.What shall be legal opinion in this regard?
Arvind Singh Chauhan
(Expert) 08 July 2011
If the wife is not under the age of 15 years , it is not a rape-
Please go through the Exception provided with Sec 375 IPC.
dev kapoor
(Expert) 10 July 2011
Although Exception to S.375 is that "Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape" yet it is essentially a qn of Academic interests as rightly said by Sh.Soni.
If a woman (may be wife or not)is ravished Against her will & without her consent,It is a RAPE punishable under section 376 IPC.Even if WIFE does not consent to sexual intimacy, I am afraid SHE cannot be compelled her husband.
Union Territory of Manipur
(a) In clause sixthly, for the word "sixteen" substitute the word "fourteen"; and
(b) In the Exception, for the word "fifteen" substitute the word "thirteen".
[Vide Act 30 of 1950.]
Dr V. Nageswara Rao
(Expert) 10 July 2011
(1) S. 375, Exception is clear that if a man has sexual intercourse with his wife above 16 years of age, it is not rape.The section does not require that the intercourse should be consensual.
(2)It is possible to envisage a situation where the husband and wife are judicialy seperated and the husband has intercourse without wife's consent it can amount to rape.
(3) In future rape law might develop in the direction of holding a husband liable for rape even on his wife if it is forceable. There are English cases where the husband was charged with rape and abetment of rape of wife.
M V Gupta
(Expert) 11 July 2011
Section 375 is clear and unambiguous that sexual intercourse with wife who is above 15 years of age under any of the circumstances mentioned in the section would not amount to rape. This is because sexual relationship is, as recently confirmed by the supreme court, is an important part of married life. If the wife refuses to have intercourse she is denying the husband's right for the same, which she cannot do except for medical reasons.
