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Is is compulsory to submit medical records under section 377
29-Jul-2023 (In Criminal Law)
Husband did anal sex with wife and left her filed for a divorce saying she had relationship with other person before marriage. He left her within 10 days of marriage case in court for dowry .now after 10 months of anal sex she get problem facing piles n dr said that it is due to unnatural sex.so after its a long time approx 14 months of marriage it is possible to go with complaint sec377. Do we need hv proof to prove it?
Yes complaint can be given at this stage also. Medical examination can be held now also. This type of case don't require any witness as the offence is committed within the four wall of the house. I advise you to give complaint about it.
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Adv. Kalyan Singh Ahlawat
Gurgaon | 25+ Answers
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What is the process of Section 377?
Unnatural Offences: Anyone who has a carnal relationship with a man, woman, or animal in violation of the natural order is punished by imprisonment for life or imprisonment of any description up to ten year term, as well as liable for fine.
What is the analysis of Section 377?
In section 377 of IPC, consensual sexual relations between people of the same sex are classified as unnatural offences that go against nature's order. The law stipulated a 10-year prison sentence. This provision dates back to Victorian times and has survived into the 21st Century. 16-Jun-2023
Yes u can file complaint us 377 ipc. Sure there is delay on your part. U have to prove this in court. The doctor who told abt this can be called as witness in ur case. 377 can be filed there are other grounds also.
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Adv. Lalit Goyat
Hisar | 25+ Answers
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Yes. . Even after more than an year after marriage wife can file a complaint against her husband if he ever forced her for doing something unnatural. Medical prescriptions/report would be an advantage if the same would be attached with the complaint. But even if medical reports are not available that too will not weaken the complaint.
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Adv. Nikhil Gupta
Jagadhri | 100+ Answers
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You can file a case/complaint after 14 months ae far as medical is concern the medical is no mendatary its upto the victim whether she/he agree to be examin medically . It is better to meet peraonally if you want .
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Adv. Salim Shahzada Khan
Gurgaon | 25+ Answers
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Hi, if she has proper medical records, the compaint and FIR under section 377 can still can be registered..After the FIR is registered we have to prove the unnatural sex in court , through the medical reports
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Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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