What are the ways to prove section 377 IPC against my friend who was arrested on the complaint of his wife and she has Medical Report with her?


“Section 377 of the Indian Penal Code states that voluntarily having carnal sex towards the order of nature is against the law under the Code.

‘Against the order of nature’ has been described through the Supreme Court as any sexual interest the natural object of which is not conception is against the order of nature; this segment is examine with the aid of using courts to criminalize bestiality, infant sexual abuse, anal and oral intercourse as unnatural.

A spouse can report a case towards her husband for unnatural sexual offences below segment 377 of IPC due to the fact the segment punishes sexual sex towards the order of nature no matter the sexual orientation or gender of the people and therefore even if such acts are completed with the aid of using heterosexual couples; they may be punished below segment 377.

Section 377 for that reason, in a few circumstances, can accord alleviation to wives whose husbands rape them due to the fact section 375 which criminalises rape, makes an exception as to marital rape and consequently section 377 may be utilized by girls to get alleviation in case of marital rape.

In order to prove an offence under segment 377 of the Indian Penal Code, the Medical Report of the MLC of the sufferer is the maximum vital piece of proof towards the accused and when you consider that she has one, she already has a sturdy evidence towards your friend.

The statements of any witnesses can also be vital to the case.”

Reference: Section 377 – Indian Penal Code – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. – 202100457-20210042-6324 – AHG278 – 202100553 – 148 – 173- LAW1620


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