Age Wasn't Proven': Madras High Court Acquits Father & Priest Accused Of Molesting Minor Under POCSO, Charges Them Under IPC

The Delhi High Court has issued a significant clarification regarding the prosecution of marital rape, stating that such cases are allowed under Section 377 of the Indian Penal Code (IPC). The court ruled that marital relationships do not grant immunity to spouses from prosecution under the anti-sodomy laws, which prohibit carnal intercourse against the order of nature. This decision implies that even within a marriage, certain sexual acts without consent or involving non-consensual carnal intercourse can be prosecuted, reinforcing the principle of bodily autonomy and consent within matrimonial relationships, and challenging traditional interpretations of Section 377.