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Is Section 377 Ipc Appicable Between Husband And Wife?

  • Writer: lead India
    lead India
  • Apr 17, 2023
  • 3 min read

In the words of the Supreme Court, "Section 377 of the IPC does not criminalize any specific people, identity, or orientation." It simply specifies specific behaviours that, if committed, would constitute a crime.


The same restriction governs sexual behaviour regardless of gender identification or orientation." Thus, section 377 applies to both gays and heterosexuals, and sexual encounters against the natural order could be penalized in the same way.


Is Section 377 IPC Applicable Between Husband And Wife?


Section 377 of the IPC allows a wife to launch a complaint against her husband for illicit sexual crimes. Because the section outlaws sexual intercourse against the law of nature regardless of one's sexuality or gender identity, such actions can be punished even if committed by heterosexual couples.


Furthermore, even if the complainant had agreed to the act (regardless of age), the criminal might be penalized under this clause. The victim's consent is irrelevant for the purpose of Section 377 because the victim's assent cannot legitimize an illicit act.


A lot of cases have arisen in which either the wife has filed a case against her husband under Section 377 for unnatural sexual conduct. A woman kept a record of her husband's anal and oral sex and subsequently filed for divorce.


When her extramarital relationship was revealed to her husband, another woman filed a complaint under Section 377 against the individual with whom she had been in an extramarital connection.


The law is both useful and vulnerable to abuse. It is important that marital rape is not a crime in India, giving Indian women a way to get their husbands penalized when they engage in unnatural sexual actions against them. This part would be a useful tool in helping Indian married women who are subjected to cruel husbands.

Legality Surrounding Section 377 of IPC


According to the data, gays suffered the most and were targeted the most throughout the enactment of this provision. It sparked a court struggle over the future of this part.

The legal dispute against this clause began with a petition filed by the Naz Foundation in the High Court of Delhi.


In the case of Naz Foundation v NCT of Delhi, the Delhi High Court interpreted the clause so that it no longer applied to voluntary private sexual acts but remained applicable to non-consensual conduct. As a result of the judgment, gay actions are not criminal.


However, in the Suresh Kumar Koushal decision, the Supreme Court upheld the constitutionality of Section 377 and decriminalized consenting private sexual activities against the order of nature.


Role of Lawyers


Consulting a lawyer in divorce proceedings is preferable to doing it yourself. As the lawyer will assist you in matters of possessions, your relationship, the amount of alimony, and child custody that you will not be able to handle if you lack that understanding of the law.

  • Filing of the Divorce Petition- The filing of a petition for divorce is the first stage in the divorce procedure. Whether or not the husband consents to the divorce, one spouse must file a formal petition with the court asking the court to dissolve the marriage.

  • Providing the Details for Divorce- The names, birthdates, and residences of your children, as well as those of everyone in your immediate family, must be mentioned in the petition. It should also include the grounds for divorce such as Section 377 against the husband.

  • Going through the Procedure of Trial- A divorce trial is required because the court must interfere. A trial is usually held in front of a judge, although in some cases, it may be held in front of a jury. In any case, the arguments for custody of children, monetary support, property division, and other divorce-related matters are backed by facts and evidence from both parties, which the lawyers provide through both parties.

  • Getting the Divorce Decree- Whether the divorce was amicable or needed a trial, the judge's approval of the divorce judgment signals the conclusion of the divorce proceedings. It ends the marriage and specifies how assets and debts will be distributed, as well as child and spousal support. If the divorce went to trial, the court issued the final decision.

You will need a lawyer to help you get through your divorce procedure. If you want the help of a lawyer for your divorce proceedings in Kolkata, then a Divorce lawyer in Kolkata can be hired.


At Lead India, you can consult and talk to lawyers. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India. You can also get online legal advice from lawyers through Lead India.


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