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HC quashes marital rape case against husband
The Daily Guardian
|May 22, 2025
The high court noted the wife did not specifically allege if the act was performed against her will or without her consent.
Saying the law doesn't recognise the concept of marital rape, the Delhi High Court has quashed an order directing prosecution of a man for performing "unnatural" sex with his wife.
The court noted Section 377 of IPC penalising such acts won't apply in a marital relationship particularly when the allegation of consent was missing.
Justice Swarana Kanta Sharma was dealing with the man's plea against a trial court order which directed framing of Section 377 (punishment for unnatural offences) charge against him for allegedly performing oral sex with his wife.
This story is from the May 22, 2025 edition of The Daily Guardian.
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