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IPC 1860REPEALED

Section 377

Unnatural offences

Replaced by:

Non-BailableCognizable: CognizableCourt of Session
THE STATUTE

Original Text

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.

Simplified

Section 377 is one of the most historically significant and legally complex provisions in the IPC. Originally used to criminalise all same-sex sexual acts, it was a direct import from the Offences Against the Person Act 1861 (English law). For 158 years, it was used to prosecute and harass LGBTQ+ persons. On September 6, 2018, a five-judge constitutional bench of the Supreme Court in Navtej Singh Johar v. Union of India (2018) unanimously read down Section 377 — holding that the criminalisation of consensual same-sex acts between adults violates Articles 14, 15, 19, and 21 of the Constitution. Section 377 now ONLY applies to: (1) non-consensual sexual acts against the order of nature (between adults) — essentially non-consensual anal/oral intercourse, which now overlaps with the expanded rape definition under Section 375; and (2) bestiality — sexual acts with animals. The BNS does not include a provision equivalent to Section 377 for consensual adult same-sex acts. Non-consensual sexual acts are covered by the BNS rape provisions.

Legal Evolution

Navtej Singh Johar (2018) overruled Suresh Kumar Koushal v. Naz Foundation (2013), which had itself reversed the Delhi High Court's landmark Naz Foundation judgment (2009). The constitutional bench held that 'History owes an apology to the members of this community and their families, for the decades of prejudice they have suffered.' The BNS's omission of Section 377 for consensual acts is a direct legislative endorsement of the Navtej Johar judgment.

Landmark Precedents

Navtej Singh Johar v. Union of India (2018)

(2018) 10 SCC 1
RELEVANCE

Historic five-judge constitutional bench judgment — Section 377 IPC read down to decriminalise consensual adult same-sex relations. 'History owes an apology to the members of this community.'

Naz Foundation v. Govt of NCT of Delhi (2009)

160 DLT 277 (Delhi HC)
RELEVANCE

The original Delhi High Court judgment that first struck down Section 377 as applied to consensual adult same-sex acts — subsequently overruled by Supreme Court in 2013 but restored by Navtej Johar in 2018.

Practical Scenarios

"Consensual same-sex relations between adults — DECRIMINALISED since Navtej Johar (2018)."
"Non-consensual anal or oral intercourse — now primarily covered under the expanded Section 375 rape definition."
"Sexual acts with animals — bestiality, still criminal."

Common Queries

No — Navtej Singh Johar (2018) decriminalised consensual adult same-sex relations by reading down Section 377. BNS has no equivalent provision.
After Navtej Johar, Section 377 only applies to: (1) non-consensual sexual acts against the order of nature — but these are now better covered by the expanded Section 375 (rape definition); and (2) bestiality. In practice, Section 377 has very limited residual application.