Clarification regarding ipc 377

509 votes

It’s the matter of trail n not otherwise !
You need to hire export advocate for your defence and prepare for cross examination for PE and DE
Kindly be in touch to understand the legalities in this matter!
Thanks

Advocate D. Khan LawRato

833 votes

One has to decipher the provisions as stated. 375 can't be made out against the husband. Equivalently, 377 prima facie can not be made out against the husband. Medical evidence per se stating that there was something penetrated in the anal region won't constitute the offense, various other corobative circumstances are required to establish the guilty such as traces of semen in the anal region( if sexual intercourse is alleged) or creating a chain of circumstances which can establish the guilt. Per se, recently, Hon'ble High court of MP has already dictated that 377 can not be made out against the husband. However, it is a ground of cruelty and the wife can seek divorce or charge the husband under 498A

Advocate Yuganshu Sharma LawRato

800 votes

sec 377 and sec 375 both defines different offence whether the person would be aquited or not it depends on the circumstantial evidence and the facts of the case . Marital Rape is not a crime in India yet but court of law is taking it seriously.

Advocate Priya LawRato

508 votes

it's become very unjustified if I give any reply to you question as this type of question are to technical questions without you though the reports and fact of case it would really injustice to my profession. so you should consult an advocate personally with documents to get proper advice.

Advocate Rajesh Kumar LawRato

738 votes

Marital rape is not a rape as per exception of section 375 (2) of the Indian Penal Code. Same exception of section 375 (2) applies to section 377. There are various judgements of High Courts regarding this also.

Advocate Arinjay Bisht LawRato