The Madhya Pradesh High Court has ruled that a husband cannot be prosecuted under Section 377 IPC for sexual acts with his wife, as such acts are covered under the expanded definition of rape in Section 375 IPC. The court invoked the marital exception (Exception 2 to Section 375), making consent 'legally immaterial' within marriage for these charges. This ruling highlights a critical legal gap regarding non-consensual sexual acts within marriage while narrowing the scope of Section 377.
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- ›Court & Judge: Madhya Pradesh HC, Justice Milind Ramesh Phadke
- ›Key Legal Provision: Exception 2 to Section 375 IPC
- ›Target this Legal Point: Exception 2 to Section 375 IPC (Marital Rape Exception).
- ›Target this Nodal Body: Madhya Pradesh High Court (State Judiciary).
- ›Target this Data: The ruling was delivered on March 25, 2026.
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