Section 377 Cannot Be Invoked Against Husband for Oral or Anal Sex: Delhi High Court

The Delhi High Court ruled that Section 377 IPC cannot be used to prosecute a husband for non-penile-vaginal intercourse with his wife, as the law presumes implied consent within marriage under Exception 2 to Section 375 IPC.

The Court emphasized that, unlike rape laws outside marriage, acts like anal or oral sex in wedlock are not criminal unless performed without consent.

The court set aside charges against a husband, noting the wife's complaint lacked any allegation of non-consensual sexual acts.

Citing Navtej Singh Johar, the Court held no prima facie case existed, as there was neither a lack of consent nor a strong suspicion.