In a significant judgment delivered on May 21, 2025, the Delhi High Court addressed the applicability of Section 377 of the Indian Penal Code (IPC) concerning sexual acts within a marriage. The case revolved around a husband's alleged engagement in oral sex with his wife, leading to charges under Section 377, which criminalizes "unnatural offences." Justice Swarana Kanta Sharma presided over the matter, ultimately quashing the charges and providing a detailed rationale rooted in existing legal frameworks and interpretations.
The court's decision was anchored in the principle of "implied consent" within the institution of marriage. Justice Sharma emphasized that, under current Indian law, there is a presumption of a wife's consent to sexual intercourse and related acts, including oral and anal sex, within the bounds of marriage. This presumption is derived from Exception 2 to Section 375 of the IPC, which effectively excludes consensual sexual acts between a husband and wife from the purview of rape. Consequently, the court held that Section 377 could not be invoked to criminalize such acts in a marital context unless there is explicit evidence of non-consent.
The case in question involved a woman who alleged that her husband failed to consummate their marriage but engaged in oral sex during their honeymoon. She also accused her father-in-law of rape and her brother-in-law of assault. While the trial court discharged the other accused individuals, it framed charges under Section 377 against the husband. However, the High Court found that the wife's allegations lacked specificity regarding the absence of consent, a critical element for establishing an offence under Section 377 post the Supreme Court's decision in Navtej Singh Johar v. Union of India.
In the Navtej Singh Johar case, the Supreme Court decriminalized consensual sexual acts between adults, including those of the same sex, emphasizing the importance of consent in determining the legality of such acts. Building on this precedent, the Delhi High Court noted that the wife's complaint did not explicitly state that the oral sex was non-consensual. Therefore, in the absence of clear allegations of coercion or lack of consent, the court concluded that no prima facie case was made against the husband under Section 377.
The judgment underscores the judiciary's reliance on established legal doctrines and precedents when interpreting statutes like Section 377. It also highlights the ongoing legal discourse surrounding marital consent and the boundaries of criminal liability within marriage. While the court acknowledged the sensitive nature of the allegations, it emphasized the necessity of concrete evidence and specific claims to substantiate charges under criminal law.
This ruling has broader implications for how courts may approach similar cases in the future, particularly those involving allegations of non-traditional sexual acts within marriage. It reinforces the legal principle that consent is a pivotal factor in determining the criminality of sexual acts and that marital relationships are subject to specific legal considerations regarding consent and presumed permissions.
In conclusion, the Delhi High Court's decision to quash the charges under Section 377 against the husband reflects a nuanced understanding of marital consent and the legal thresholds required for criminal prosecution. It serves as a precedent for interpreting the application of laws concerning sexual offences within the context of marriage, emphasizing the centrality of explicit non-consent in such cases.
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