Wife can file an FIR on husband for committing Unnatural Sex

In India, section 377 of the Indian Penal Code has always been a taboo topic to be discussed socially or openly. Many knew about it in detail, but the majority had their opinions and ideas, which always sounded very delusional and unrealistic, and unacceptable. It’s not easy to change the mindset of husband and the entire society in just a day. 

When we talk about section 377 of the Indian Penal Code, the first image that is formed in people mind is about same-sex relations, and about gays & lesbians, with a bunch of stereotypes opinions, and talks.

For a clearer picture, lets understand section 377 of the Indian Penal Code. Basically, it defines unnatural sex, meaning any person who is involved carnal intercourse with men, women, or animal against the order of nature will be punishable under the law up to life imprisonment or may extend it up to 10 years or with the fine, as it may fit so.

But in 2018 the Supreme Court had made changes in this section by ruling a judgment, and legalizing the homosexuality, meaning a person can have a relation with his or her own same-sex indirectly stating that, anal sex is not punishable anymore, but 377 still exists and it’s still against the order of nature to have carnal intercourse with an animal.

Now the question arises, can a wife file an FIR on her husband for section 377?

Let me make this clearer to you, so the question says, can I file an FIR on her husband for anal sex. At present, no vaginal or anal intercourse between any gender limited in the human race is punishable, unless it is attempted without the permission of another partner. But if those sexual intercourse has been done involuntarily or forcefully, then it’s a criminal offense and punishable under section 375 of IPC, which tells us bout rape, but if any involuntary sex has been done between married couples, where the wife is the victim of such incident, then she cannot file an FIR under section 377 or 375 because 375 exempts the issue of marital rape and 377 has been decriminalized partially.

Though any woman is a victim of such cruelty or such an incident where she has been assaulted to such activity involuntarily by her husband or by any family member, then she can file an FIR against her husband under the Domestic Violence Act.

Although the correct knowledge is very much important to review your case, for such help you may have to hire a lawyer who can guide you thru such an incident as many are not aware of their situation as they think it is their marital duty or obligation, so if you are looking for a genuine service by an experienced lawyer who cannot miss guide you or your case, then you may contact us, lead India believes in fighting for the client rights.