Legal Question in Criminal Law in India

During both criminal and divorce proceedings initiated by wife, wife accuses husband of forced unnatural sex. Husband says unnatural sex was consensual. Husband put his penis in wife's mouth (oral sex).

Wife says she was cruelly harassed both mentally and physically resulting in her failed suicide attempt (her family doctor's certificate)

Husband says suicide attempt was attempt to blackmail him and was a result of her depression before marriage (no proof available).

1. Will the court accept the family doctor's certificate as proof ?

2. If husband is guilty, what is the penalty?

3. What is the penalty for wife for attempted suicide?


Asked on 11/13/09, 3:02 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case she is able to prove that you did unnnatural sex i.e. anal sex, with or without consent, you may be held guilty u/s 377 of IPC as it is only Delhi High Court that amended the section and your acts seems to be done before amendment. in case you able to prove that she used to threaten suicide, she may tried for criminal intimidation.

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Answered on 11/13/09, 3:04 am
Seshadri Srinivasan www.lawconcern.com

It is up to the Court to convict or acquit an accused. As you will have a lawyer on record, consult him since he will have access to all the evidence oral and documentary which were produced in trial.

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Answered on 11/13/09, 3:27 am


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