Consensual Sexual Acts Within Marriage Don’t Attract Section 377: Delhi High Court

The Delhi High Court has held that Section 377 of the Indian Penal Code cannot be used to criminalise consensual oral or anal sexual acts between married spouses.

The Court said that applying Section 377 to such conduct would contradict the current legal framework and binding Supreme Court precedent, including the read-down scope of the provision.

It observed that consensual sexual activity within a matrimonial relationship does not attract criminal liability under Section 377 where there is no allegation of lack of consent.

It also noted that Section 377 now applies mainly to non-consensual acts, acts involving minors, and bestiality.