Sanhita.ai

Indian Penal Code

(IPC)

Unnatural offences.

Chapter 16: Of Offences Affecting the Human Body

Section: 377

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation.— Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.[ In Navtej Singh Johar v. Union of India 2018, the apex Court read down Section 377 of the IPC criminalising "unnatural sex" as being unconstitutional. The Court upheld the right to equal citizenship of all members of the LGBTQ community in India. Thus, it read down Section 377 to exclude consensual sexual relationships between adults, whether between same-sex individuals or otherwise. The Court decided that Section 377 constituted a violation of the right to dignity, privacy and sexual autonomy under Article 21, freedom of expression under Article 19, the right to equality under Article 14, and nondiscrimination under Article 15 of the Constitution. Section 377 will continue to apply to non-consensual sexual activity against adults, sexual acts against minors and bestiality. The five-judge bench of the Supreme Court overruled the Koushal decision (Suresh Kumar Koushal & Anr. v. Naz Foundation & Ors). It unanimously read down Section 377 and decriminalised same-sex relations between consenting adults. It applies to all citizens, and not just to the LGBT community. This judgment holds immense persuasive value for other nations which continue to criminalise homosexuality. (https:privacylibrary.ccgnlud.org/case/navtej-singh-johar-and-ors-vs-union-of-india-uoi-and-ors, https:indiankanoon.org/doc/168671544/)]

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