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Is forceful intercource with wife an offence?

As per Indian Law, is forceful intercourse with wife an offence? If yes, does it come under rape or mental cruelty?


 42 Replies

pratik (self working)     07 June 2011

good like to know. 

Anjali (IT)     07 June 2011

I am sure it is a criminal offence....I believe it should be rape..[no other kind of rape]


No its not

Arup (UNEMPLOYED)     07 June 2011

as per ipc it will not be rape.

if the wife obtained the order of "judicial seperation" from a competent court, and she refused to do s*x with her husband, - then it will be rape.

however it shoud  be avoided as a moral.

Tajobsindia (Senior Partner )     07 June 2011

@ Author

1. As of now, Indian law contains no provisions for helping abused wives and penalising guilty husbands. Women have no legal recourse.

According to S. 375 of the Indian Penal Code, "s*xual intercourse by a man with his own wife, not being under 15 years of age, is not rape." On the other hand, the Criminal Procedure Code states that `it is rape if the girl is not the wife of the man involved and is below 16!’ Which means that if the girl is not the wife of the man involved and is below 16, it is rape even if she consents. Whereas if she is a wife and above 15 years of age, it is not rape even if she does not consent.

Rape laws are covered under S. 375 and 376 of the Indian Penal Code. Under these sections, rape is seen only in terms of penile-v**ginal penetration. It does not include, for instance, anal or oral penetration. It does not include penetration by objects. It certainly does not include the rape of boys and men. There is no concept of marital rape. And don’t even think of date rape.

As a result of these loopholes, very often, judges find themselves trying 'rape' cases under more watered down sections: 'outraging the modesty of a woman', for instance. Goes without saying that these sections carry lighter punishments — if in fact the case ever reaches the conviction stage.

Indian rape legislation (Penal Code S. 375) specifically exempts marital rape. Only those married women who are separated from their husbands are covered by the rape legislation.

However if a husband even looks at his wife for more than 3 minutes then it is "s*xual abuse" as per Bharat Ratna DV Act, hence whether forceful penetration done or not done a husband need not have to worry that much than worry now of mere looking at his wife under Bharat Ratna DV Act for more than 1 minute so sum total Indian Husband now can't escape from offences of "s*xual abuse" if pro-active Indian wife frivilously / vexatiously prime facie charges him under Bharat Ratna DV Act to seek interim protection orders and there application of mind of a Magistrate is not required as prime facie all Indian wives says only the 'gospel truth'.

Hope now you got the real meaning to your que. as answered above which you are asking on outdated codified HMA Laws based !

Arup (UNEMPLOYED)     07 June 2011

375. Rape.--A man is said to commit "rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following descripttions:-

Sixthly.- With or without her consent, when she is under sixteen years of age.

Explanation.- Penetration is sufficient to constitute the s*xual intercourse necessary to the offence of rape.

Exception.- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Arup (UNEMPLOYED)     07 June 2011

IPC Sec 375. Rape...

Tajobsindia (Senior Partner )     07 June 2011

@ Menka

Thanks for your comment. I suggest you read women victims posts here to know what they are charging their husbands under DV Act instead of making haste comment.

Also read former AG Ld. Soli Sorabji's remarks on "verbal abuse" under Bharat Ratna DV Act.

And welcome on board.



You may be right Tajobsindia.I read many posts here.But I cannot locate one where a wife wants to charge husband for staring at her for more than 3 minutes.Can you please any such post here where a similar problem has been cited?


I thought staring is different from verbal abuse.Verbal abuse uses mouth.Staring uses eyes.Am I correct?

1 Like

Tajobsindia (Senior Partner )     07 June 2011

@ Menka

Yes you too are right in a way ! I am aware of difference between s*xual and verbal abuse flimsy definition but when discussion of s*xual nature there in a post few side - dish also pops as the main postque. is answered stating "loop holes in law". However since extension of core topic deviated to Bharat Ratna DV Act and you want me to point to certain "facts" of misusers so here are immediate recollections;

1.  A Mumbai based wife arreyed sister in laws 7 months old newborn based on "verbal abiuse" allegation is - "she cries through out the nite" !

2. A Delhi based wife wanted protection order from matrimonial home's pet dog under "verbal abuse" allegation is - "the dog at home barks and I can't have my sleep" !

More untried issues of facts filed by various wives coming your way, donot worry including main que. that you asked me on 'staring' let me dig my old notes.......hope you not in a hurry to find "absolute truth"......

BTW, did you chance read former AG's comment on verbal abuse in Bharat Ratna DV Act which I pointed ?

However, romance is a European concept and have no place in Indian customs / history down memory lane and India has a concept which is expressed as "personal" in such romantic persuits ........don't believe me pick up dusting history books and mythology stories you wont find "romance" as in romance mentioned anywhere.......that is also the reason hardcore activits such as Bajarang Dal and special wings of Shiv Sena do what they are not supposed to do in a democracy on Valentine's day ! Got it....one has to go to the root bottom why THEY do it instead of pow-wow with fanatics....

Thank you once again being polite during discussions.


Tajobs you said in your last post that in LCI many females have posted that they plan to file DV aginst their husbands for staring at them.That is what I wanted you to show me.If you show even 1 such post,I will be glad to read.

If there are any judgements where a wife got justice in DV case filed upon her husband who stared at her,I would like to see that.Because it sounds amusing.


I am not at all asking about verbal abuse cases.Request you to read my last post  once again,if you are unsure of what I was seeking.


Thanks.I am always polite to those who are polite.

1 Like


What if wife refuses s*x due to health problems, ie. pain, and hudband physically force s*x? Can she use it as ground ie. mental / physical cruelty for divorce? Do DV act or any other act gives protection for wife's against such forceful s*x from husband?

syed (Branch incharge)     07 June 2011

Dear Sonu,

When husband knows that wife is unwell then he cannot compel for s*x - its common sense

definetly its cuel act

N.K.Assumi (Advocate)     07 June 2011

I am of the view that although the husband has a right to marital ntercourse and the wife can noit refuse her consent, and although if he does have intercourse against her will, it is not rape, nevertheless he is not entitled to use force or violence in the exercise of that right, and if he does so he may make hmself liable to the criminal law, not for the offence of rape, but for wharever other offence the facts of the case may warrant. If he shoulkd wound her he might be charged with wounding or causing actual bodily harm or for assault.

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