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Chaudhary123 (Manager)     10 October 2014

Section 377

Now it has become trend among 498a wives to trap husband with maximum sections under IPC and CrPC and misuse of section 377 after recent judgement by Supreme Court is on rise.

How can crime under section 377 be proved ?

if someone falsely tries to implicate other under section 377 with whom she is not living from last 9 months, how can she prove that?

Urgent Please !!



Learning

 7 Replies

T.R. Ganesan (Advocate)     10 October 2014

The burden is on her to prove by leading documentary evidence

Venkatesh Naidu Akula (advocate)     10 October 2014

Cr.p.c. is not a penal law. Only I.P.C. is. Sec. 377 of I.P.C. can be proved only on basing in a given set of facts and circumstances of a case. There is no a straight jacket rule.

Sudhir Kumar, Advocate (Advocate)     10 October 2014

what are facts of the case.

Laxmi Kant Joshi (Advocate )     10 October 2014

Sec 377ipc is for unnatural offence let her prove keep evidences with you for your innocence , what are the facts of the case only then accurate suggestion can be given .

Chaudhary123 (Manager)     10 October 2014

In her complaint she has mentioned that :- "my husband used to force me to drink alcohol and thereafter used to have unnatural s*x with me" Kindly suggest what to do.

LoneFighter (IT)     11 October 2014

not sure if i m out of topic, but just wanna ask this query,

If something is done willingly by both, even then would it amounts to offense?. Because i have read news that after settling the cases amicably, 377 offense is not made out by court.

https://www.dnaindia.com/mumbai/report-yukta-mookhey-s-hubby-gets-bail-after-settling-cases-amicably-1972521

Chaudhary123 (Manager)     13 October 2014

Please do reply asap..


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