Section 377 of the Indian penal code

  • Section 377 of the Indian penal code defines unnatural offences.
  • It is rooted in the legacies of British colonial states where it was introduced by Lord Macaulay in 1860 as a part of IPC.
  • One of the grounds for the introduction of the section was homosexuality or acts against the order of nature are condemned by the bible.
  • According to the section, “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished”.
  • The maximum punishment is imprisonment for life.
  • More importantly the sectional has not made any distinction between consensual acts and non-consensual acts.
  • The section further explains that penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

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