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Chhattisgarh HC rules husband cannot be prosecuted for ‘unnatural sex’; says ‘consent of wife loses importance’

  • The Chhattisgarh High Court ruled that a husband cannot be prosecuted for non-consensual sexual acts with his wife if she is over 15 years old, stating that her lack of consent is legally insignificant.
  • This ruling came after Gorakhnth Sharma was initially convicted for rape and culpable homicide, but the High Court acquitted him based on the marital rape exception.
  • The court's decision highlights the legal protection for husbands against rape charges in India, which does not recognize marital rape as a punishable offense.
  • The government's stance is that preserving marriage is essential, and it opposes the criminalization of marital rape, citing existing measures to protect a married woman's consent.
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Live Mint broke the news in New Delhi, India on Tuesday, February 11, 2025.
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