Saying the law doesn't recognise the concept of marital rape, the Delhi high court has quashed an order directing prosecution of a man for performing 'unnatural' sex with his wife.
A 38-year-old man in Ballia, Uttar Pradesh, has been arrested for allegedly committing an unnatural act with his 12-year-old nephew. The arrest follows a complaint filed by the boy's father, leading to a case registered under the POCSO Act.
Sexual intercourse, including unnatural act, by a man with his adult wife, even without her consent, can not be treated as an offence, the Chhattisgarh high court held while acquitting a Jagdalpur resident who was convicted of rape and other charges.
The court was hearing a PIL by Gantavya Gulati, a lawyer who was appearing in person, seeking to address the "exigent legal lacuna" resulting from the enactment of the BNS which has also led to the repeal of section 377 of the Indian Penal Code (IPC).
The 430-page chargesheet filed before Ramanagara chief judicial magistrate on November 27 has named Nithyananda, Nithya Bhaktananda, Nithya Sachidananda, Nithya Sachidananda and Maa Sachidananda alias Ragini on the basis of two FIRs filed against them, a CID statement said on Monday
The Bharatiya Nyaya Sanhita (BNS) Bill which is proposed to replace the British-era Indian Penal Code (IPC) does away with two contentious provisions on unnatural sex and adultery that were diluted and struck down respectively by the Supreme Court in 2018.
The court has fixed the case for Tuesday for hearing final arguments.
Two teenage male friends, one of them a minor, have allegedly been stripped and forced to indulge in unnatural sex by some persons over non-payment of money in Mumbai, police said on Tuesday.
Supreet Singh, filmmaker and co-founder of Red Dot Foundation, explains how the 4km long Infinite Saree is a larger campaign against all forms of sexual abuse, including marital rape.
A 14-year-old boy was made to lick shoes and perform 'unnatural sex' on three of his friends, who also recorded the act and put its video on social media, in south Delhi's Hauz Khas area, police said on Monday.
A 15-year-old boy was allegedly raped in Uttar Pradesh's Deoria by two of his friends, one of them a minor, police said on Saturday.
The court noted that the primary allegations centred around disagreements related to the couple's sexual relationship and the wife's refusal to engage in certain activities. It concluded that these disputes were not indicative of dowry demands and were more likely driven by personal differences.
The victim alleged that he was being sexually assaulted for nearly two years, they said.
The Allahabad high court has observed that 'protection of a person' from being charged in 'marital rape continues in cases where the wife is of 18 years of age or more'.
Notably, the case was registered 19 days after the Madhya Pradesh high court ordered the police to dispose of the woman's complaint within 90 days after she alleged inaction by the police.
A group of religious leaders today alleged that the campaign to legalise homosexuality in the country was part of a "well-planned conspiracy" to finish India's moral and social values, and sought government intervention against it.
A leading Islamic seminary on Monday opposed Centre's move to repeal a controversial section of the penal law which criminalises homosexuality, saying unnatural sex is against the tenets of Islam.
Amid government moves for a re-look at criminalising homosexuality, several Muslim leaders have said any attempt to legally permit unnatural sex is an attack on religious and moral values.
'It would be adding insult to injury to tell a woman that her claim of rape would not be believed unless it is corroborated in material particulars as in the case of an accomplice to a crime'.
At 6.15 pm, when the van reached the base of Mumbra Devi temple on Mumbra bypass, Akshay suddenly tried to pull out API More's pistol, the complaint said.
The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
More than 120 eminent citizens, including retired high court judges and former bureaucrats, have written to President Droupadi Murmu opposing what they called "highly objectionable attempts" to legalise same-sex marriages.
A 27 year-old man had complained to the police that Suraj Revanna, the eldest son of Holenarasipura MLA H D Revanna, sexually abused him at his farmhouse in Ghannikada on June 16.
The Centre on Tuesday urged the Supreme Court not to hear this week the pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
Chief Justice D Y Chandrachud, who is demitting office on November 10, Wednesday deferred by four weeks hearing on pleas challenging the immunity granted to husbands in cases of marital rape.
Under the Bhartiya Nyaya Sanhita, exception 2 to Section 63 (rape) says that 'sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape'.
While that created a stir so did the decision on his penultimate day at work with the Supreme Court rechristening its summer vacation "partial court working days", an issue that has led to criticism that the apex court judges enjoyed long breaks.
'Such actions are forbidden in the army.'
Justice Sanjiv Khanna, who has been part of several landmark Supreme Court judgements such as scrapping the electoral bonds scheme and upholding abrogation of Article 370, will be sworn in as the 51st Chief Justice of India on Monday.
A fast track court Monday commenced trial in the suicide case of ex-air hostess Geetika Sharma in which former Haryana minister Gopal Goyal Kanda is the main accused.
Dominic Xavier wonders when and if the courts will legalise same sex marriages in India.
Franco Mulakkal, accused of raping a nun several times between 2014 and 2016, is currently out on bail.
Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
The National Medical Commission on Thursday withdrew and cancelled guidelines under Competency Based Medical Education Curriculum in which it had reintroduced sodomy and lesbianism as unnatural sexual offences in the forensic medicine and toxicology curriculum for undergraduate medical students.
The pleas raise the legal question of whether a husband enjoys immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex.
The SC in its judgment said that discrimination on the basis of sexual orientation is a violation of Freedom of Expression. "Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression, Supreme Court," the court said.
Observing that 'oral sex' with a minor does not come under the 'aggravated sexual assault' category in the Protection of Children from Sexual Offences (POCSO) Act, the Allahabad high court has reduced the jail term of a man convicted of sexually assaulting a 10-year-old boy from 10 years to seven years.
The accused was an important link in the scam with German national Freddy Peats, who operated the sex racket in Goa until his arrest in 1991, which subsequently led to his conviction five years later.
Gone are the days when a licentious Muslims husband could get away with his indulgence in illicit sex. If the newly formed All India Muslim Women Personal Law Board has its way, a Muslim would be entitled to seek divorce if her husband was found having illicit relationship with another women.
If the newly-formed All India Muslim Women Personal Law Board would have its way, a Muslim would be entitled to seek divorce if her husband was found ton be having illicit relationship with another women. Divorce could also be sought by a Muslim woman if the husband forces the wife to indulge in unnatural sex. She could also seek 'talaq' (divorce) if the husband contracts AIDS. The new nikahnama adds that a husband is expected to provide 'cooked food' and 'stitched food'.