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Can husband be prosecuted under Section 377 for non-consensual anal sex with wife when Section 375 IPC exempts it? Delhi High Court to examine

A Division Bench of Justices Rajiv Shakdher and C Hari Shanker delinked a petition raising this issue from the batch of pleas filed before the Court seeking criminalization of marital rape.

“Since the issue raised in the above-captioned petition is qualitatively different from the bunch of the writ petitions in which hearing has been held before us i.e., W.P.(C) Nos. 284/2015, 5858/2017, 6024/2017 and W.P.(Crl.) No.964/2017, it is ordered to be delinked from the batch. The instant writ petition will be heard separately. Accordingly, list the matter on March 11, 2022,” the Court in its order stated.

Source: Barandbench

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