Delhi HC Quashes Marital Rape Charges: Consent Crucial

The Delhi High Court has quashed prosecution against a man accused of having 'unnatural' sex with his wife, citing a lack of legal recognition for marital rape and the implied consent within marriage. This decision addresses the application of Section 377 of the IPC in marital contexts.

Justice Swarana Kanta Sharma stated that Sections of the law do not apply as consent was not explicitly discussed. Furthermore, the court referenced exception 2 to Section 375 of the IPC, which presumes implied consent for sexual acts within marriage.

The court's decision aligns with the Navtej Singh Johar ruling, which decriminalised consensual sex among adults. It accentuates the importance of consent in marital relationships, indicating inadequacy within the trial court's charges.

(With inputs from agencies.)