Almost three months after a Delhi court directed Delhi Police to examine the question — whether e-commerce websites be prosecuted for abetting offence under Section 377 of the IPC by selling sex toys and other objects that facilitate “intercourse against the order of nature” — police have gone back to court, seeking more time and clarity over the issue.
Finding it hard to answer the questions raised by the court based on a complaint, police said they need “more clarity” over the issue and, hence, would now be seeking a “legal opinion”.
Filing an action taken report (ATR) on the complaint filed by Supreme Court advocate Suhas R Joshi, Delhi Police told the court that police were “not clear” that any cognizable offence can be made out or out. It further told Metropolitan Magistrate Richa Gosain Solanki that police would now seek “legal opinion” over the issue.
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The reply by police comes in the case where Joshi, approaching a Delhi court, had filed a complaint alleging that under the segments of “sexual wellness products”, e-tailers sold products that allegedly amounted to abetting acts prohibited under Section 377 of the IPC.
Section 377 deals with unnatural offences involving carnal intercourse against the order of nature.
While the court had earlier directed police to conduct a preliminary probe and examine the complaint, it had, however, later asked the complainant to lodge a formal complaint before the police station concerned.
After which, Joshi lodged a complaint with the SHO of Sabzi Mandi police station.
“It is most respectfully submitted that the complaint has been received. As per the contents of the complaint it is not clear that any cognizable offence is made out or not. Hence, legal opinion is being obtained on the complaint and action will be taken as per the legal opinion. It is therefore requested that some more time may kindly be given,” the SHO said to the court, while filing the ATR.
Kaunain Sheriff M is an award-winning investigative journalist and the National Health Editor at The Indian Express. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, an investigation into one of the world’s most powerful pharmaceutical companies.
With over a decade of experience, Kaunain brings deep expertise in three areas of investigative journalism: law, health, and data. He currently leads The Indian Express newsroom’s in-depth coverage of health.
His work has earned some of the most prestigious honours in journalism, including the Ramnath Goenka Award for Excellence in Journalism, the Society of Publishers in Asia (SOPA) Award, and the Mumbai Press Club’s Red Ink Award.
Kaunain has also collaborated on major global investigations. He was part of the Implant Files project with the International Consortium of Investigative Journalists (ICIJ), which exposed malpractices in the medical device industry across the world. He also contributed to an international investigation that uncovered how a Chinese big-data firm was monitoring thousands of prominent Indian individuals and institutions in real time.
Over the years, he has reported on several high-profile criminal trials, including the Hashimpura massacre, the 2G spectrum scam, and the coal block allocation case. Within The Indian Express, he has been honoured three times with the Indian Express Excellence Award for his investigations—on the anti-Sikh riots, the Vyapam exam scam, and the abuse of the National Security Act in Uttar Pradesh. ... Read More
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