Unnatural Sex attracts an offence only if it’s done without the consent of the adult

Rajendra Ramkrushna Malve Vs State of Maharashtra

Bombay HC, Nagpur Bench

11/08/2020

About/from the judgment:

The High Court granted bail to the applicants who were accused of committing offence of unnatural sex without consent and outraging the modesty of a woman.

An FIR was lodged by a grown-up lady aged 41 years old against her husband and brother-in-law.

Allegations placed by the woman were that her husband i.e. Ravi time and again had unnatural sex with her against her consent. She also alleged that her brother-in-law i.e. applicant used to outrage her modesty and was demanding sexual favour.

Another crime was filed by the daughter of the applicant. The girl alleged against her uncle Ravi that while she was studying in 10th standard, he tried touching her inappropriately and outraged her modesty.

Applicant submitted that both the complaints are nothing but an outcome of matrimonial flued.

Unnatural Sex

Court noted that the marriage of strained couple sailed smoothly for 21 long years and has two children. After such a long time, the wife alleged unnatural sexual acts at the hands of her husband.

Though it is alleged that since inception, the husband was prone to seek unnatural sex, however, after a long gap of 21 years the matter has been reported to the police.

Bench cited the Supreme Court decision in the case of Navtej Singh Johar v. UOI, (2018) 10 SCC 1, wherein it was held that,

“Unnatural consensual sexual acts of adults in private are de-criminalized.”

Non-Consensual

In light of the above-stated decision, the offence would only be attracted if it was done without the consent of the adult.

In the present matter, it has been unfolded that the allegation was running for a period of 20 years, but, the complaint had been lodged thereafter. No medical evidence to support the allegations was placed in the complaint.

Court noted that both the FIRs were simultaneously filed, which speaks for itself.

In view of the above, both the applicants made out a case for grant of pre-arrest bail and Court disposed of the criminal applications.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.