India, May 21 -- The Delhi high court has held that unnatural sexual intercourse by a husband with his wife is not a punishable offence under Section 377 of the Indian Penal Code (IPC).

Justice Swarana Kanta Sharma, in an order released on Monday, quashed charges framed against a man under Section 377, observing that the provision cannot be invoked in the context of a legally valid marriage, where consent is presumed under Exception 2 to Section 375 IPC.

The case originated from a 2023 FIR lodged by the wife, who alleged that during their honeymoon, her husband engaged in oral sex with her without consent. She further alleged that when she confronted his family about his purported impotence, she was physically assaulted by her in-laws. ...