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CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of Unnatural offences

Section 377: Unnatural offences

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[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.

Footnotes in the official text

  1. 1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

377. Unnatural OffencesNot carried into the new law

Leading cases

Questions on this section

6 questions in 9 of our papers cite Section 377. Try these from the free papers:

  1. 1. What was the Supreme Court's decision in the Navtej Singh Johar case about Section 377 of the IPC?

  2. 2. Navtej Singh Johar v. Union of India (2018), which held Section 377 IPC unconstitutional in so far as it criminalised consensual sexual conduct between adults, expressly overruled:

Practise questions on Criminal Law