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Is evidence necessary to prove sec. 377 between husband and wife


17-Nov-2023 (In Family Law)
Hi, I have filed a case against my husband under sec.377 at the time of fir no medical test was done as it was already 10 days while my husband left me. Now after almost 5 months police is pressurizing me for medical test or any give in writing that i dont want medical test. Plz guide what to do. Also guide me what all evidence can prove sec 377 incase of absence of medical test. Me and my husband both are hindu.
Answers (5)

Answer #1
139 votes

In India, there is no medical test to determine a person's sexual orientation, especially since the Supreme Court decriminalized consensual same-sex relations in 2018 by reading down Section 377 of the IPC. Medical examinations are relevant only in cases of non-consensual sexual assault, where the purpose is to collect forensic evidence not to assess a victim's sexual history. For victims, tests may include swabs, blood, or urine samples to detect injuries, DNA, or STDs; for the accused, examinations may check for traces of the victim's DNA or signs of struggle. Importantly, practices like the two-finger test or comments on a victim's past sexual conduct are banned as illegal and violative of dignity. Medical professionals are required to act ethically, obtain informed consent, and focus on documenting evidence while also providing psychological support, leaving the final determination of assault to the courts.

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Advocate Chikirsha Mohanty

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Answer #2
571 votes
Evindence is required as per law , if u dont want it because of passage of long time period you can give so in writing justifying it by the written advice from Dr. Whether after 5-6 month medical will prove anything or not.
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Advocate Anurag Bhati

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Answer #3
703 votes
In this case medical evidence is only helpful when it is done as soon as possible and just after the crime ,but after 5month it is not relevant and no need to agree with it ,if police pressuring you then you should direct give ally action in court to bring progress report then only magistrate took cognize the matter and you will got justice
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Advocate Lubna Ishrat

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Answer #4
920 votes
Without medical it cant be prove 377 ipc but there are so many judgement in favor of you for further information contact with fuLl information to help You out From this sitution so first also send your fir
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Answer #5
515 votes
Madam, you ahould get yourself medically examined on behest of the police and for the cases under section 376 and 377 IPC no strong medical proof is required as the rape and unnatural intercourse are not medicolegal terms while they are legal terms so you should not be worried and getting medically examined will support your case.
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Advocate Piyush Shrivastava

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