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What are the possibilities and ways to prove the 377 ipc on a person
06-Mar-2023 (In Criminal Law)
One of my friend arrested under ipc 377 by his wife. He got 15 days judicial custody. She has MLC with her.Now whats are the possibilities to prove the 377 ipc on him?? And what should he do now?? Plz suggest.
Hi,
377IPC is considered one of a harsher crime in trial courts.
Need to see FIR for the same.
Need not worry our team is expertise in such matter.
Feel free to come over for a legal session.
All the best
377IPC is considered one of a harsher crime in trial courts.
Need to see FIR for the same.
Need not worry our team is expertise in such matter.
Feel free to come over for a legal session.
All the best
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Adv. Sahej Uban
Delhi | 500+ Answers
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What is the analysis of Section 377?
Section 377 criminalizes a deeply held characteristic, such as sexual preference, which is aimed at the LGBT community. It is a violation of the right to equal treatment because it includes consensual acts that occur between people in the privacy and comfort of their own homes.
What are the ingredients of Section 377?
Intercourse between man and animal.
Acting against natures order is a crime.
The act was voluntary.
Proof of penetration is available.
What is the latest Judgement for 377 IPC?
On September 6, 2018, a five-judge bench unanimously ruled that Section 377, the Indian Penal Code was invalid to the extent it criminalised the same-sex relationships between consenting adults. 16-Jun-2023
. Since it became difficult to strike fear of arrest in husband and his family members, they decided to ‘use’ IPC 377 hoping the husband will get arrested since the crime is cognizable and non-bailable (and max punishment more than 7 years so SC directive doesn’t apply).
Now just because police may take up this section and even put it in chargesheet doesn’t mean a man will get convicted. Wife will have to produce evidence, and so far I am unaware of any conviction under this clause, presumably because the section is added for fear value to get husband to give alimony/divorce, than any real desire for prosecuting him.
MRAs are aware that police is not happy about usage of this section, but are also duty bound to take complaint. But maybe the misuse has spread so much that there was recent directive by Meerut police not to take action on IPC 377 complaints. That doesn’t mean the trial won’t happen, but it means that awareness of misuse is spreading at police level too.
Now just because police may take up this section and even put it in chargesheet doesn’t mean a man will get convicted. Wife will have to produce evidence, and so far I am unaware of any conviction under this clause, presumably because the section is added for fear value to get husband to give alimony/divorce, than any real desire for prosecuting him.
MRAs are aware that police is not happy about usage of this section, but are also duty bound to take complaint. But maybe the misuse has spread so much that there was recent directive by Meerut police not to take action on IPC 377 complaints. That doesn’t mean the trial won’t happen, but it means that awareness of misuse is spreading at police level too.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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your question lacks certain facts that is required to answer your question. First of all you have to look what has come in the MLC of his wife does it proves penetration or any injury. Secondly you have to look at the MLC of your friend that whether it contains any injury on his private parts.
You should consult a lawyer as soon as possible s that he could look into the other material and relevant facts and circumstances of your case.
You should consult a lawyer as soon as possible s that he could look into the other material and relevant facts and circumstances of your case.
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Adv. Akshay Kumar Verma
Delhi | 25+ Answers
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Dear Friend,
Medical examination i.e. MLC plays a big and vital role in proving 377 IPC. However, there must be an allegation about having an explicit relationship with specific or some persons, their statements will also be very important in the case.
Regards
Arpit Jain
Advocate
Medical examination i.e. MLC plays a big and vital role in proving 377 IPC. However, there must be an allegation about having an explicit relationship with specific or some persons, their statements will also be very important in the case.
Regards
Arpit Jain
Advocate
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Adv. Arpit Jain
Delhi | 25+ Answers
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