Justice Rajiv Shakdher, Justice C Hari Shanker
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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.
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].