In a significant ruling, the Delhi High Court on May 13 quashed a trial court order directing prosecution under Section 377 of the Indian Penal Code against a man accused of performing oral sex with his wife. Justice Swarana Kanta Sharma stated that the law does not recognize the concept of marital rape and therefore does not penalize such acts within marriage unless there is a clear lack of consent.

The court noted that the wife did not specifically allege non-consensual conduct and highlighted contradictions in her claims. While she accused the man of impotence, she simultaneously alleged sexual acts like oral sex.

The judge ruled that no prima facie case was made under Section 377 and the charge was unsustainable. The case brings renewed attention to the legal complexities surrounding marital consent and the need for clearer legislative definitions.