Sexual Intercourse Between Married Couple Not Rape Even If By Force, Rules Chhattisgarh HC
3 years, 7 months ago

Sexual Intercourse Between Married Couple Not Rape Even If By Force, Rules Chhattisgarh HC

ABP News  

Raipur: Observing that sexual intercourse or any sexual act by a husband with his legally wedded wife is not rape even if it was by force or against her wish, the Chhattisgarh High Court on Thursday acquitted a man charged with marital rape. The High Court, however, upheld charges framed against the man under Section 377 of the Indian Penal Code. READ: SC Orders Shifting Of Ex-Unitech Promoters To Mumbai's Arthur Road, Taloja Jails From Delhi’s Tihar The High Court observed that his act of making unnatural physical relation with the wife attracted the said offence. Chandravanshi while reading out the judgement said “sexual intercourse or sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape”.

Court Ipc Sexual Section 376 Sexual Intercourse  couple  court  man  intercourse  chhattisgarh  applicant  ipc  act  wife  rules  high  rape  376  married  sexual  force  hc

History of this topic

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
3 days, 11 hours ago

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today

Hindustan Times  

NEW DELHI: The Supreme Court on Tuesday initiated proceedings on its own motion against a controversial judgment delivered by the Allahabad high court on March 17 regarding what constitutes an attempt to rape. In her letter, Gupta expressed grave concern over the judgment, stating: “The interpretation by the judge is grossly erroneous, his approach on the subject is insensitive, irresponsible, …

Why Marital Rape Laws in India Remain Stalled: Legal, Cultural, and Structural Barriers to Justice
4 days, 13 hours ago

Why Marital Rape Laws in India Remain Stalled: Legal, Cultural, and Structural Barriers to Justice

The Hindu  

Published : Mar 24, 2025 20:01 IST - 26 MINS READ Welcome to Frontline Conversations. Most recently, the Supreme Court opined that existing legal provisions addressing sexual and domestic violence within marriage are adequate, suggesting that a separate law to criminalise marital rape is not required. Before we get into the conversation on legal reform, I think it’s important to …

Court acquits Panchkula resident in rape case
1 week, 3 days ago

Court acquits Panchkula resident in rape case

Hindustan Times  

A local court on Monday acquitted a Panchkula resident accused in a 2021 rape case due to lack of evidence and held that it is crystal clear that the case cannot be made out against him. “It cannot be concluded that the prosecutrix engaged in a sexual relationship with the accused solely on account of any assurance of marriage from …

Woman making false allegations of sexual assault against man is possible, says HC
1 week, 5 days ago

Woman making false allegations of sexual assault against man is possible, says HC

The Hindu  

The Kerala High Court has observed that the concept that any girl or woman would not make a false allegation of sexual assault or any other mode of misconduct against a man seems to have been diluted recently. The court observed that allegations of rape, sexual molestation, and other misconduct are levelled nowadays without an iota of truth so as …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
3 weeks, 3 days ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 4 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
1 month ago

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the offence of 'rape on the false promise of marriage' would not stand when the complainant lady was already married and continuing in that marriage at the time. It is true that offering marriage and subjected a lady to sexual intercourse on that promise of marriage would amount to obtaining consent by misconception …

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage
1 month ago

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. To assume otherwise is to deny women the full measure …

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
1 month ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

‘Married woman can’t claim false promise of marriage to allege rape’
1 month ago

‘Married woman can’t claim false promise of marriage to allege rape’

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court has quashed an FIR accusing a 24-year-old man of rape, saying that the complainant cannot claim her consent for a physical relationship was taken on the pretext of marriage if she was already married to another man. ‘Married woman can’t claim false promise of marriage to allege rape’ The accused, who …

Marital rape can’t remain an exception to rape law
1 month, 2 weeks ago

Marital rape can’t remain an exception to rape law

Hindustan Times  

A tale from modern India: A man rapes his wife so brutally she dies. In October last year, the ministry of home affairs told the Supreme Court that husbands do not have a fundamental right to “violate the consent of their wives”—a fancy way of saying rape—but if Parliament removed the marital rape exception, then the institution of marriage will …

Husband jailed for raping wife freed because marital rape not a crime in India
1 month, 2 weeks ago

Husband jailed for raping wife freed because marital rape not a crime in India

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. However, the Chhattisgarh High Court has now overturned that …

DMK MP slams Chhattisgarh High Court ruling, demands India criminalise marital rape
1 month, 2 weeks ago

DMK MP slams Chhattisgarh High Court ruling, demands India criminalise marital rape

India Today  

Dravida Munnetra Kazhagam MP K Kanimozhi strongly condemned the Chhattisgarh High Court’s ruling that acquitted a man convicted of raping and brutalising his wife, reigniting the debate on marital rape in India. However, the High Court overturned the conviction, arguing that the legal framework does not classify forced sexual acts within marriage as rape or unnatural offences. The court's judgment …

O'Brien criticises marital rape exception, says it 'undermines women's consent'
1 month, 2 weeks ago

O'Brien criticises marital rape exception, says it 'undermines women's consent'

Hindustan Times  

The "archaic" exception provided to marital rape in the Bharatiya Nyaya Sanhita sends a dangerous message that a woman's right to consent is irrelevant once she enters into a marriage, TMC leader Derek O'Brien said on Wednesday. The TMC's parliamentary party leader in the Rajya Sabha, who last week introduced a private member's bill to scrap the exception, called it …

Unnatural Sex By Husband Without Wife's Consent Not An Offence, Says Chhattisgarh High Court
1 month, 2 weeks ago

Unnatural Sex By Husband Without Wife's Consent Not An Offence, Says Chhattisgarh High Court

ABP News  

Sexual intercourse, including unnatural act by a man with his adult wife, even without her consent does not merit punishment, the Chhattisgarh High Court held in a recent judgment, acquitting a man from Jagdalpur who was convicted of rape and other charges after his wife died in hospital after unnatural sex. "If the age of wife is not below age …

Chhattisgarh HC Acquits Man Accused Of Unnatural Sex With Wife, Says S.377 IPC Would Be Repugnant Due To Exception 2 To S.375 IPC
Trending News
1 month, 2 weeks ago

Chhattisgarh HC Acquits Man Accused Of Unnatural Sex With Wife, Says S.377 IPC Would Be Repugnant Due To Exception 2 To S.375 IPC

Live Law  

The Chhattisgarh High Court has found Section 377, which provides punishment for unnatural offences, to be repugnant to Exception 2 of Section 375 of the IPC, which says that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. While acquitting a husband from the charge …

Unnatural sex by man with wife without her consent not an offence: High Court
1 month, 2 weeks ago

Unnatural sex by man with wife without her consent not an offence: High Court

India Today  

Sexual intercourse, including unnatural act, by a man with his adult wife, even without her consent, can not be treated as an offence, the Chhattisgarh High Court held while acquitting a Jagdalpur resident who was convicted of rape and other charges. The High Court, in its order, stated, "from perusal of sections 375, 376 and 377 of IPC it is …

Unnatural sex by husband not an offence, says Chhattisgarh High Court
1 month, 2 weeks ago

Unnatural sex by husband not an offence, says Chhattisgarh High Court

The Hindu  

The Chhattisgarh High Court has said that sexual intercourse or sexual acts by a man with his wife is not a rape and therefore, if any unnatural sex as defined under Section 377 of the Indian Penal Code is committed by the husband with his wife, then it too cannot treated as an offence. The court was hearing an appeal …

Chhattisgarh HC rules husband cannot be prosecuted for ‘unnatural sex’; says ‘consent of wife loses importance’
1 month, 2 weeks ago

Chhattisgarh HC rules husband cannot be prosecuted for ‘unnatural sex’; says ‘consent of wife loses importance’

Live Mint  

The Chhattisgarh High Court has ruled that a husband cannot be prosecuted for rape or unnatural sex for sexual intercourse, including unnatural acts, with his adult wife, even without her consent. Justice Narendra Kumar Vyas, presiding over a single bench, stated that a wife's consent to sexual intercourse or unnatural acts is "insignificant" in such cases. "It is quite vivid, …

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
1 month, 2 weeks ago

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court on Monday held that a husband cannot be prosecuted for commission of the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code for having any sexual intercourse, including every unnatural sex, with his major wife even without her consent. Holding 'consent' of wife in sexual intercourse/unnatural intercourse to …

Consensual acts do not give man license to assault woman: Karnataka High Court
2 months ago

Consensual acts do not give man license to assault woman: Karnataka High Court

Hindustan Times  

The Karnataka High Court has dismissed rape charges against a police inspector, ruling that a consensual sexual relationship cannot be classified as rape. Karnataka High Court However, the court upheld the charges of assault, criminal intimidation, and attempted murder against the officer, emphasizing that consent in a relationship does not give anyone the right to harm or threaten another person, …

Man booked for raping Chandigarh woman for six years
2 months, 1 week ago

Man booked for raping Chandigarh woman for six years

Hindustan Times  

The Nayagaon police have arrested a man for allegedly repeatedly raping a woman for six years under the false promise of marriage. A DSP-level officer conducted an investigation and following legal opinion, Sabudeen was arrested. The complainant, a Chandigarh resident and now 36 years old, alleged that Sabudeen, a resident of Sector 56, kept her under the illusion that he …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months, 1 week ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 2 weeks ago

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

Live Law  

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix …

Sexual intercourse with dead person not rape: Chhattisgarh High Court
3 months ago

Sexual intercourse with dead person not rape: Chhattisgarh High Court

Live Mint  

Chhattisgarh High Court recently ruled that sexual intercourse with a dead person does not constitute rape under Indian law. A division bench comprising Chief Justice of the high court Ramesh Sinha and Justice Bibhu Dutta Guru delivered this landmark ruling. The High Court bench observed that section 376 of the Indian Penal Code and the Protection of Children from Sexual …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 months, 1 week ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
4 months ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
4 months ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
4 months, 1 week ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
4 months, 1 week ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

Non-consensual sex with minor wife is rape: HC
4 months, 1 week ago

Non-consensual sex with minor wife is rape: HC

Deccan Chronicle  

Mumbai: Non-consensual intercourse with a wife who is below 18 years of age constitutes the offence of rape, the Bombay High Court said while upholding the conviction of a man sentenced to 10 years for the crime. The Nagpur bench of Justice G A Sanap, in an order passed on November 12, dismissed the 24-year-old man's appeal challenging the 2021 …

Consensual sex with minor wife is also rape: Bombay high court
4 months, 1 week ago

Consensual sex with minor wife is also rape: Bombay high court

Hindustan Times  

A man's consensual sexual intercourse with his wife, if she is below the age of 18 years, can get him booked for the offence of rape, irrespective of the wife's consent, the Bombay high court said in a major ruling on November 12. Stating that the age of consent is above 18, HC said, "It needs to be stated that …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months, 2 weeks ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC
4 months, 2 weeks ago

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Live Law  

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case. The court said that as the right of the accused to remain silent …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

Indian government argues against classifying non-consensual sexual acts by husband as marital rape
5 months, 3 weeks ago

Indian government argues against classifying non-consensual sexual acts by husband as marital rape

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The Indian government has opposed …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi High Court’s split verdict from May 2022, which remains pending for the …

Consent for sex under fear or misconception amounts to rape: Allahabad HC
6 months, 2 weeks ago

Consent for sex under fear or misconception amounts to rape: Allahabad HC

Hindustan Times  

The Allahabad high court has held if a man develops sexual relationship with a woman with her consent, which was given by her under fear or misconception, such sexual activity would amount to rape. The petition was filed by Raghav Kumar under section 482 of Criminal Procedure Code seeking quashing of the charge-sheet dated December 13, 2018 in case crime …

The curious difference between IPC and BNS on rape
6 months, 2 weeks ago

The curious difference between IPC and BNS on rape

New Indian Express  

Since the definition of rape continues to be largely identical in IPC and BNS, it is not clear how such an offender can still escape the charge in such cases. The phrase “by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her” would have to be interpreted the same way …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC
7 months, 2 weeks ago

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC

Live Law  

The Kerala High Court has held that having carnal intercourse against 'the order of nature' mentioned in Section 377 of the Indian Penal Code looks only into the nature of the act and not the relationship of the parties involved. Among other offences, the accused was also convicted of having sexual intercourse against the order of nature under Section 377 …

Supreme Court indicates hearing on marital rape pleas would commence on August 13
7 months, 3 weeks ago

Supreme Court indicates hearing on marital rape pleas would commence on August 13

Hindustan Times  

The Supreme Court on Monday indicated that the hearing on petitions regarding the immunity of husbands from marital rape would commence on August 13. One petition before the Supreme Court is an appeal by a man, whose trial for raping his wife was approved by the Karnataka high court in a March 2022 ruling. The Union government then told the …

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife
8 months ago

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

Live Law  

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex. This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
8 months, 1 week ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months, 1 week ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
8 months, 1 week ago

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape. The court said, “The duration of relationship between the two which was founded on love was for a period of six years, merely because love wanes away by efflux of …

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