The Delhi High Court recently ruled that a husband cannot be prosecuted under Section 377 of the Indian Penal Code (IPC) for engaging in oral or anal sex with his wife. The court emphasized that Indian law does not recognize marital rape, citing Exception 2 to Section 375 of the IPC, which implies consent for sexual acts within marriage.

Justice Swarana Kanta Sharma noted that the wife did not allege non-consensual acts, and therefore, no prima facie case existed for prosecution under Section 377. The court also referenced the Supreme Court’s Navtej Singh Johar judgment, which decriminalized consensual sexual acts among adults, reinforcing the decision to quash the trial court’s order.

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