IPC Section 377
Section 377 IPC – Unnatural Offences (Historically)
Core idea:
Section 377 originally criminalized “carnal intercourse against the order of nature” with any man, woman, or animal.
In simple terms, it targeted sexual acts considered “unnatural” under the law at that time.
🔹 The Law (Historical wording)
The section stated:
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment and/or fine.”
🔹 Punishment (Original)
Imprisonment: Up to life, or
Imprisonment: Up to 10 years in other cases, and
Fine, depending on circumstances.
🔹 Key Elements (Historical)
Voluntary act – The act must be voluntary.
Against the order of nature – Traditionally interpreted as anal sex, oral sex, or bestiality.
Consent or coercion – Punishment applied whether consensual or non-consensual, though rape laws and other sections covered non-consensual acts separately.
🔹 Judicial Changes (Important Update)
2018 Supreme Court Judgment (Navtej Singh Johar v. Union of India):
Section 377 cannot criminalize consensual sexual acts between adults in private.
Only non-consensual acts, sexual acts with minors, or bestiality remain punishable.
In short: Consensual same-sex relations among adults are no longer a crime.
🔹 Current Scope of Section 377 IPC
Non-consensual sexual acts (rape, assault, etc.) → Punishable.
Sexual acts with minors or animals → Punishable.
Consensual acts between adults in private → Not punishable (decriminalized).
🔹 Examples
Two adult men engage in consensual sexual activity in private → Not punishable.
An adult forces another person into unnatural intercourse → Punishable under Section 377.
Sexual intercourse with an animal → Punishable under Section 377.
Sexual act with a minor → Punishable under IPC + POCSO Act.
🔹 Quick Recap
Section 377 IPC = “Unnatural offences” (historically criminalized consensual same-sex relations).
Current position (post-2018): Only non-consensual acts, minors, and bestiality remain punishable.
Purpose: Protects against coercion, abuse, and sexual acts involving animals or children.
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