CrPC Section 377
📘 Section 377 IPC – Unnatural Offences
⚖️ What does Section 377 IPC say?
Section 377 criminalizes “carnal intercourse against the order of nature” with any man, woman, or animal.
🧱 Detailed Explanation
The section makes it an offence to have voluntary sexual intercourse that is considered “against the order of nature”.
This has traditionally been understood to include anal sex, oral sex, and bestiality (sexual acts with animals).
The law applies irrespective of whether the act is consensual or not (though consensual acts between adults have been decriminalized by the Supreme Court, which I’ll explain below).
⚖️ Punishment under Section 377
The person committing the offence can be punished with imprisonment for life, or imprisonment for a term which may extend to 10 years, and also liable to a fine.
🧠 Important Legal Developments
Historical Application: For decades, Section 377 was used to criminalize consensual same-sex relations.
2018 Supreme Court Landmark Judgment (Navtej Singh Johar v. Union of India):
The Supreme Court decriminalized consensual sexual acts between adults of the same sex, reading down Section 377 to exclude consensual acts between adults in private.
What remains an offence:
Non-consensual acts, acts involving minors, animals, or any acts that violate public morality or cause harm.
📌 Summary Table
| Element | Explanation |
|---|---|
| Offence | Carnal intercourse against the order of nature |
| Includes | Anal sex, oral sex, bestiality |
| Punishment | Life imprisonment or up to 10 years + fine |
| Current Status | Consensual acts between adults decriminalized (post-2018 judgment) |
| Still Illegal | Non-consensual acts, acts involving minors or animals |
🔍 Example
Before 2018, consensual sexual relations between two consenting adults of the same sex could be prosecuted under Section 377.
After the 2018 Supreme Court ruling, such consensual private acts are no longer offences.
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