Delhi HC: Sec 377 doesn't apply to marital sex
New Delhi, May 21 -- The Delhi high court has ruled that unnatural sexual intercourse by a husband with his wife cannot be prosecuted under Section 377 of the Indian Penal Code (IPC).
Justice Swarana Kanta Sharma, in an order released Monday, quashed charges against a man booked under Section 377, observing that the provision does not apply within a valid marriage where consent is presumed under Exception 2 to Section 375 IPC.
The case stemmed from a 2023 FIR filed by the wife, who alleged that her husband performed oral sex on her during their honeymoon without consent.
She also accused her in-laws of physically assaulting her when she raised concerns about her husband's alleged impotence. The husband was booked under IPC sections 354, 354...
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