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Clarification regarding ipc 377


09-Apr-2024 (In Criminal Law)
Sir/madam, i have a query regarding ipc 377. Sir I want to know if a wife has filed a 377 against her husband with relevant medical evidence of anal penetration and injury, can he be acquitted without trail on the basis of marital rape not being a crime in india?
Answers (1)

Answer #1
769 votes
Well it has to be noted when the FIR has been lodged by the Wife against the Husband and when the Charges were framed against the husband. As you are already aware, 377 has been repealed in 2018, thus on the basis of this adjudication has to be done by the Learned Court.
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