In a notable ruling, the Himachal Pradesh High Court held that Section 377 of the IPC can still apply between a husband and wife. Justice Rakesh Kainthla clarified that the Supreme Court’s judgment in Navtej Singh Johar vs Union of India, which decriminalised consensual homosexual acts, does not render Section 377 entirely unconstitutional. The court emphasised that non-consensual or unnatural sexual acts within marriage may still constitute an offence under Section 377, maintaining its applicability in specific contexts. Unnatural Sex by Husband With Wife Without Her Consent Not Rape but Punishable Under Section 377: Allahabad High Court.
Himachal Pradesh High Court on Unnatural Sex With Wife
Himachal Pradesh High Court categorically disagreed with the Uttarakhand High Court’s July 2024 judgment, which held that a husband cannot be prosecuted for unnatural sex with his wife under Section 377 of the IPC.
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