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Husband cannot be held guilty of rape for having anal sex with wife: Uttarakhand High Court
Update / Judgement Date
22 Jul 2024
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Uttarakhand High Court ruled that a husband cannot be convicted of rape under Section 375 of the Indian Penal Code (IPC) for engaging in anal sex with his wife, citing Exception 2 to Section 375, which implies marital consent. The Court also clarified that such acts cannot be prosecuted under Section 377 IPC for unnatural sex. However, the Court upheld the summons against the husband for offenses under the Protection of Children from Sexual Offences (POCSO) Act, relating to alleged sexual harassment of their son. The decision emphasizes the distinction between consensual acts within marriage and child abuse.\r