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.
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.