Can husband be prosecuted under Section 377 IPC for non-consensual anal sex with wife when Section 375 exempts it? Delhi High Court to examine

A Division Bench of Justices Rajiv Shakdher and C Hari Shanker delinked a petition raising this issue from the batch of pleas filed before the Court seeking criminalization of marital rape.

Justice Rajiv Shakdher, Justice C Hari Shanker

Published on:

03 Mar 2022, 3:20 pm

2 min read

The Delhi High Court is set to examine the question of whether a husband can be prosecuted under Section 377 of the Indian Penal Code (IPC) for having non-consensual anal sex with his wife when the Exception 2 under Section 375 IPC excludes forceful marital sex from offence of rape [Abdulla Khan v. Union of India and Others].

Loading content, please wait...

Delhi High Court

Section 375

Marital Rape

Section 377 IPC

Anal Sex