Under this Kanooni Dhara of the IPC, punishes any person who voluntarily has carnal intercourse against the order of nature with any man, woman or animal.
Ingredients of the Section: The following are the essentials of this section ;
1. The person must have carnal intercourse i.e. sexual intercourse with a man or a woman or an animal
2. Such intercourse must be against the order of nature
3. This act must be done voluntarily i.e. by one’s own free will
What does carnal intercourse against the order of nature mean?
Carnal intercourse against the order of nature for the purpose of this section constitutes:
1. Sodomy ( intercourse per anus/rectum by a man with a man/woman or by a woman with a man/woman)
2. Bestiality ( sexual intercourse either by a man or woman with an animal or bird)
Punishment: Any person liable for an offence under this section 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.
Decriminalization: On 6 September 2018, a five-member bench of the Supreme Court held that Section 377 of the Indian Penal Code (IPC), in so far as it is applied to consent adults, violated India’s constitutional morality and hence it was decriminalized. Consensual sexual intercourse amongst adults ( both homosexual and heterosexual) is not a crime anymore.
Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Unnatural Offences | Imprisonment for life or up to 10 years along with a fine | Cognizable | Non - Bailable | Magistrate of the first class. |
| Offence | Unnatural Offences |
|---|---|
| Punishment | Imprisonment for life or up to 10 years along with a fine |
| Cognizance | Cognizable |
| Bail | Non - Bailable |
| Triable By | Magistrate of the first class. |
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