Unnatural Offences under the IPC Section - 377 - Overview, Structure, Properties & Uses

Unnatural Offences Under the IPC - Section 377

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:40 PM IST

Section 377 of the Indian Penal Code deals with unnatural offences. The Indian Penal Code, specifically Section 377, stipulates that any individual who engages in voluntary carnal relations against the natural order with a man, woman, or animal faces life imprisonment, or imprisonment of any kind for a maximum of ten years, along with a fine. According to the description in this section, having sex is enough to qualify as sexual contact. This section discusses the offences of sodomy and bestiality under Criminal Law.

This Story also Contains

Meaning of Unnatural Offences
History of the legislation on unnatural Offences
Essentials for Unnatural Offences
Types of Unnatural Sexual Offences
Legal Provisions Dealing with Unnatural Sexual Offences
Implications of Section 377 of IPC
Meaning of Against the Order of Nature
Provisions of Unnatural Sexual Offences under the POSCO Act
Case Laws on Natural Offences
Conclusion

Unnatural Offences Under the IPC - Section 377

Meaning of Unnatural Offences

"Unnatural" can mean aberrant, deviant, but not spontaneous. A reason is necessary for an unnatural offence to be considered "voluntary." Considering that anything involving the body, particularly sexual urges and behaviours, is stated to be "carnal" Anyone who willfully disobeys the natural order by having sex with a man, woman, or animal risks up to ten years in either sort of jail in addition to a fine under Section 377, which deals with unnatural offences.

History of the legislation on unnatural Offences

The Indian Penal Code was written and enacted in 1861 by Lord Macaulay during the British Empire. British law has therefore had a significant influence on it. Sodomy was punishable with hanging in the 1533 Buggery legislation, which was revived by Queen Elizabeth I in 1563. Therefore, the later prohibition of sodomy in the British colonies was based on this statute. Thus, Section 377 of the Indian Penal Code originates from the Buggery Act of 1533. It is important to note that Parliament has not amended this act since it was passed. Based on Judeo-Christian moral and ethical standards, which form the basis of this regulation, homosexuality is regarded as deviant and against the natural order since sex is only thought of as a means of procreation. Making the distinction between what is and is not natural becomes crucial for carrying out Section 377. It also becomes crucial to ascertain whether homosexuality is against the natural order.

Essentials for Unnatural Offences

Here are the essentials under which unnatural offences will be offensive under Section 377 of the IPC

"Voluntary carnal intercourse" is a requirement.
"Against the order of nature - it may be with any man, woman, or animal" is the requirement.
Presence of penetration.

Types of Unnatural Sexual Offences

Lesibinism

It refers to female homosexuality. Lesbians are women who find themselves attracted to other women romantically or sexually. Tribalism is the act of having sex with another woman or someone who is vulvae-positive. Tribalism is seen as an aberrant sexual transgression since it is not seen as a part of the natural order. Most people have sex.

Sodomy

Any non-vaginal sexual penetration is referred to as sodomy. Laws against sodomy usually target gay men. These days, the word "sodomy" frequently describes anal intercourse, which is similar to rape, between two men, a man and a woman, or a man and a male or female kid. In legal terms, this conduct is also considered a sexual offence and a transgression of nature's order.

Bestiality

It describes intimate relations between a human and an animal. There is also an act under this category that is deemed unlawful because it goes against the natural order.

Consent is important in this kind of situation as well. Consent is widely understood to consist of two elements: the ability to communicate and the capacity for consent. The bestiality category makes no mention of these two components. The animals can't communicate vocally that they agree. We don't take into consideration the impossibility of consent. Likewise, authorization is not lawful in this particular circumstance.

Legal Provisions Dealing with Unnatural Sexual Offences

Rape is defined in Section 375, and the associated punishments are listed in Section 376. Section 377 defines an unnatural sexual offence. Under Section 377 IPC, there are penalties for anyone having unnatural carnal intercourse with a man, woman, or animal. It is necessary to penetrate the anus with this segment.

Rape and Unnatural Sexual Offense differ significantly in that the former requires penetration into the vagina, mouth, urethra, or anus of the victim, whilst the latter only requires entry into the anus. Additionally, while the crime of rape is only committed against women, the crime of unnatural sex also targets males and animals. Consent is irrelevant in "Unnatural sexual offence".

For this offence, the penalty is imprisonment for a maximum of ten years together with a fine or life in prison. Act XXVI of 1955, section 117, replaced the phrase "transportation for life" with "imprisonment for life."Any carnal act committed by a man against another man, against a woman in an equally unnatural manner, or between a man and a woman in any manner that defies the natural order is considered an unnatural sexual offence.

Implications of Section 377 of IPC

For the past 140 years, the concept of having sex without the ability to conceive has been used to define homosexuality as a perversion, a horrible crime, the product of a disordered mentality, etc. According to the judiciary, section 377 only gives the state the right to harass and persecute anyone who identifies as someone who is not straight.

The true threat posed by Section 377 is how deeply ingrained it is in various social contexts, such as the state, the media, the medical community, and families. It consequently begins to surface in casual conversations and gradually becomes a part of society at large. As a result, there is a culture that gives legal sanction to violence against LGBT people. Section 377 expresses the severe social condemnation of LGBT identity and provides a justification for friends, family, and other governmental and societal institutions to harass homosexual individuals.

By permanently sentencing a group of people to a life of harassment, humiliation, and dehumanizing treatment at the hands of the legal system, the criminalization of homosexuality further denies these individuals their right to full and moral citizenship.

Meaning of Against the Order of Nature

The term "carnal intercourse against the order of nature" has been defined by Indian courts so broadly that it now encompasses oral and anal sex as well as penetration into artificial orifices such as folded palms or between thighs. Because section 377 has been applied so broadly and the text is not entirely clear, the law has been used arbitrarily, raising concerns about its constitutionality.

In addition, section 377 expressly prohibits homosexuality because it is against the natural order. This has also given rise to many debates since, while the right to freedom is acknowledged as a basic human right, criminalizing gay activity is widely regarded as a blatant infringement on an individual's right to privacy. The constitutional legitimacy of section 377 was contested in court because of its arbitrariness and violation of essential fundamental rights.

Provisions of Unnatural Sexual Offences under the POSCO Act

The POCSO Act is the 2012 Protection of Children from Sexual Offenses Act. This statute is designed to protect minors from sexual offences. This act covers inappropriate sexual offences as well. This Act is gender-neutral and applies to children of both sexes.

According to NCRB data, the number of POCSO cases registered increased by more than 30% between 2016 and 2020; yet, at the end of 2020, over 94% of court cases remained pending. The POSCO (Protection of Children from Sexual Offences) Act was enacted by the Indian government in 2012, amidst a sharp increase in the number of child abuse cases. The law is gender-neutral. which became effective on November 14, 2012. Nine chapters of the POCSO Act address offences, sanctions, and procedures.

The POCSO Act addresses aggravated sexual assault on children in sections 9 and 10, while aggravated penetrative sexual assault is covered in section 6.

Case Laws on Natural Offences

In the case of, Naz Foundation v. Govt. of NCT of Delhi

It was one of the first instances where the discriminatory Section 377 of the IPC against the LGBTQ minority in the nation was ruled to be unconstitutional. A section of Section 377 of the Indian Penal Code, which decriminalized homosexuality, was reversed by the Supreme Court in November 2018. It was determined that these portions violated several provisions of the Constitution, including provisions 19, 21, 15, and 14.

Although the verdict significantly lessens the stigma associated with the LGBT community, prejudice and discrimination that are pervasive in society still need to be addressed through multiple strategies.

In the case of G.D. Ghadge v. State of Maharashtra

In this case, it was held that proof of the act's completeness is not necessary, and even the smallest degree of penetration is adequate. "To penetrate" in this context refers to "to enter, pass through, or force a passage through." According to the explanation annexed to the Section, penetration of any degree is necessary to establish carnal intercourse.

Conclusion

News stories of unusual sexual assaults have been around for a while. The statutes have been interpreted in a variety of ways, and studies on their scope have also been conducted. It is still required to draft exact sentences that outline the scope of the operation. But a lot of information has surfaced since the Navtej Singh Johar ruling, and the Supreme Court has granted the LGBTQ community some rights. One of the most important factors in determining whether an act is constitutional is consent. I believe that the word "penetration" restricts the clause's scope and ambiguously defines some offences under the law.

Frequently Asked Questions (FAQs)

1. What is the section for unnatural offences under IPC?

Section 377 of the IPC deals with unnatural offences.

2. What are unnatural offences?

Sexual contact with any individual that is "against the order of nature" and consensual sexual contact between a man and a woman are both considered "unnatural offences."

3. What is section 376 of IPC?

Section 376 deals with the Punishment of Sexual Offences.

4. What are the case laws for unnatural offences?

The case law for unnatural offences is Rameshwar v. The State of Rajasthan.

5. What is the meaning of lesbianism?

It speaks of female homosexuality. Lesbians are women who are attracted to other women on a romantic or sexual level

6. How has the interpretation of Section 377 evolved over time?

The interpretation of Section 377 has evolved significantly. Initially, it criminalized all forms of non-procreative sexual acts. However, in 2018, the Supreme Court of India partially struck down Section 377, decriminalizing consensual sexual acts between adults, regardless of their gender or sexual orientation. The provision still applies to non-consensual acts and acts involving minors.

7. What was the landmark case that led to the partial decriminalization of Section 377?

The landmark case was Navtej Singh Johar v. Union of India (2018). In this case, the Supreme Court of India ruled that the application of Section 377 to consensual homosexual acts between adults was unconstitutional, violating the rights to dignity, privacy, and equality under the Indian Constitution.

8. What is the significance of the Supreme Court's recognition of sexual orientation as an intrinsic part of identity?

The Supreme Court's recognition of sexual orientation as an intrinsic part of identity was a landmark aspect of the Section 377 judgment. This recognition extends beyond decriminalization, affirming the fundamental rights of LGBTQ+ individuals and providing a basis for challenging other forms of discrimination based on sexual orientation.

9. What role did public opinion play in the legal challenges to Section 377?

Public opinion played a significant role in the legal challenges to Section 377. Growing awareness and acceptance of LGBTQ+ rights, particularly among younger generations, coupled with advocacy from civil society organizations, created a social environment that supported legal change. This public discourse influenced both the legal arguments presented and the court's considerations.

10. What are the implications of retaining Section 377 for non-consensual acts?

Retaining Section 377 for non-consensual acts ensures that it can be used to prosecute sexual assaults that may not be covered under other sections of the IPC, particularly those involving male victims. However, it also raises questions about the need for more comprehensive and gender-neutral sexual assault laws.

11. How does the Section 377 judgment relate to the concept of reasonable restrictions on fundamental rights?

The Section 377 judgment demonstrates the application of the doctrine of reasonable restrictions on fundamental rights. By partially striking down the section, the court showed that criminalizing consensual adult relationships was not a reasonable restriction on the rights to privacy and equality.

12. What is the historical context of Section 377 in India?

Section 377 was introduced in 1861 by the British colonial administration as part of the Indian Penal Code. It reflected Victorian-era morality and was based on the Buggery Act of 1533 in England. Understanding this historical context is crucial in recognizing the colonial legacy of the law and its disconnect from traditional Indian attitudes towards sexuality.

13. What is the significance of the Supreme Court's apology to the LGBTQ+ community in the Section 377 judgment?

The Supreme Court's apology to the LGBTQ+ community for past persecution was a remarkable aspect of the judgment. It acknowledged historical injustices and set a precedent for institutional accountability. This apology has symbolic and moral significance in the context of LGBTQ+ rights and judicial responsibility.

14. What is Section 377 of the Indian Penal Code?

Section 377 of the Indian Penal Code is a provision that criminalizes "carnal intercourse against the order of nature." It was originally enacted in 1861 during British colonial rule and has been a subject of controversy and legal challenges due to its impact on LGBTQ+ rights in India.

15. Does Section 377 still have any legal relevance after the 2018 Supreme Court judgment?

Yes, Section 377 still has legal relevance. While consensual sexual acts between adults are no longer criminalized, the provision remains applicable to non-consensual sexual acts and sexual acts involving minors, regardless of gender or sexual orientation.

16. What are the key arguments against Section 377?

Key arguments against Section 377 include: violation of fundamental rights to equality, privacy, and dignity; discrimination against LGBTQ+ individuals; perpetuation of social stigma; and its colonial origins not reflecting modern Indian values and constitutional principles.

17. How does Section 377 relate to the right to privacy?

The Supreme Court's decision to partially strike down Section 377 was significantly influenced by the right to privacy. The court held that sexual orientation is an essential attribute of privacy, and criminalizing consensual sexual acts between adults violates this fundamental right protected under the Indian Constitution.

18. What impact did the partial decriminalization of Section 377 have on LGBTQ+ rights in India?

The partial decriminalization of Section 377 was a significant milestone for LGBTQ+ rights in India. It removed the legal basis for discrimination, allowed LGBTQ+ individuals to live openly without fear of prosecution, and paved the way for further discussions on equal rights, including same-sex marriage and adoption rights.

19. How does the retention of Section 377 for non-consensual acts impact the reporting and prosecution of male sexual assault?

The retention of Section 377 for non-consensual acts provides a legal framework for addressing male sexual assault, which may not be adequately covered under other sections of the IPC. However, societal stigma and the historical association of the section with criminalization of homosexuality may still affect reporting rates and public understanding of male sexual assault.

20. How does Section 377 compare to similar laws in other countries?

Many countries have repealed or struck down laws similar to Section 377, often referred to as "sodomy laws." However, some nations still maintain such provisions. India's partial decriminalization aligns it with a global trend towards recognizing LGBTQ+ rights, though the retention of the law for non-consensual acts is a unique approach.

21. What is the relevance of the "reading down" approach used in the Section 377 judgment?

The "reading down" approach used in the Section 377 judgment involves interpreting a law narrowly to make it constitutionally valid, rather than striking it down entirely. This approach allowed the court to decriminalize consensual acts while retaining the section for non-consensual acts, demonstrating a nuanced application of judicial review.

22. How does the partial decriminalization of Section 377 affect the interpretation of obscenity laws in India?

The Section 377 judgment's emphasis on personal liberty and privacy could influence the interpretation of obscenity laws, potentially leading to a more liberal approach. However, the exact impact remains to be seen through future cases and judicial interpretations.

23. What role did international human rights law play in the legal arguments against Section 377?

International human rights law played a significant role in the arguments against Section 377. Advocates referenced international treaties and decisions from other countries' courts to argue that criminalizing consensual same-sex relations violates human rights norms. The Supreme Court considered these international perspectives in its decision-making process.

24. How does the interpretation of "against the order of nature" in Section 377 affect its application?

The phrase "against the order of nature" has been a point of contention in interpreting Section 377. Historically, it was used to criminalize a wide range of sexual acts. The 2018 judgment narrowed this interpretation, recognizing that consensual acts between adults, regardless of their nature, should not be criminalized. This shift in interpretation was crucial in partially striking down the section.

25. What are the implications of the Section 377 judgment for sex education in India?

The decriminalization of consensual same-sex relations creates an opportunity for more inclusive and comprehensive sex education in India. It allows for discussions on sexual orientation and gender identity in educational settings without legal barriers, though societal and policy challenges remain.

26. How does the partial striking down of Section 377 relate to the concept of constitutional morality?

The Section 377 judgment emphasized the concept of constitutional morality over social or religious morality. This approach prioritizes constitutional values like equality, dignity, and individual liberty over traditional or majority-held moral views. Understanding this concept is crucial for analyzing future legal challenges related to individual rights and social issues.

27. How does the Section 377 judgment relate to the concept of transformative constitutionalism?

The Section 377 judgment exemplifies transformative constitutionalism, where the constitution is interpreted to address social inequalities and evolve with changing societal norms. This approach views the constitution as a living document capable of advancing rights and equality over time.

28. How does the Section 377 judgment impact the interpretation of laws related to cohabitation and live-in relationships?

The Section 377 judgment's emphasis on personal autonomy and privacy in intimate relationships could influence the interpretation of laws related to cohabitation and live-in relationships, potentially leading to greater legal recognition and protection for diverse forms of partnerships.

29. What is the relevance of the Section 377 judgment for LGBTQ+ asylum seekers in India?

The decriminalization of consensual same-sex relations strengthens the legal position of LGBTQ+ asylum seekers in India. It removes a potential barrier to granting asylum based on persecution due to sexual orientation in other countries where such acts remain criminalized.

30. How does Section 377 intersect with issues of consent and age?

After the 2018 judgment, Section 377 continues to apply to non-consensual sexual acts and acts involving minors. This intersection highlights the importance of consent and age of majority in determining the applicability of the law, regardless of the gender or sexual orientation of the individuals involved.

31. How does Section 377 interact with other laws related to sexual offenses in India?

After the 2018 judgment, Section 377 now primarily interacts with other sexual offense laws in cases involving non-consent or minors. It complements other provisions in the Indian Penal Code dealing with rape, sexual assault, and child sexual abuse. Understanding these interactions is crucial for legal practitioners and law enforcement.

32. How does the partial decriminalization of Section 377 affect the interpretation of other morality-based laws in India?

The Section 377 judgment sets a precedent for interpreting morality-based laws through the lens of constitutional rights and individual liberty. This could potentially influence the interpretation and challenges to other laws based on public morality, emphasizing the importance of personal autonomy and equality before the law.

33. How does the Section 377 judgment impact the rights of intersex individuals?

While the Section 377 judgment primarily addressed sexual orientation, its broader implications on gender identity and bodily autonomy have relevance for intersex rights. The judgment's emphasis on personal dignity and choice could potentially support legal arguments against non-consensual medical interventions on intersex individuals.

34. What are the implications of the Section 377 judgment for transgender rights in India?

While the Section 377 judgment primarily focused on sexual orientation, it has implications for transgender rights. By recognizing sexual and gender identity as fundamental aspects of personhood, the judgment strengthens legal arguments for transgender rights. However, specific issues like legal gender recognition and discrimination still require separate legislative and judicial attention.

35. What are the implications of the Section 377 judgment for LGBTQ+ political participation in India?

The decriminalization of consensual same-sex relations removes a significant legal barrier to LGBTQ+

36. What challenges remain in the implementation of the Supreme Court's decision on Section 377?

Challenges in implementing the decision include: addressing societal stigma and discrimination, ensuring police and judicial awareness of the changed law, providing legal protections against discrimination, and addressing related issues such as same-sex marriage and adoption rights that are not covered by the decriminalization.

37. How does the Section 377 judgment impact the interpretation of sedition laws in India?

While not directly related to sedition laws, the Section 377 judgment's emphasis on individual liberty and its critique of colonial-era laws could influence discussions and interpretations of other colonial-era provisions like sedition laws, potentially encouraging a more rights-based approach to their application.

38. How has the partial decriminalization of Section 377 affected healthcare access for LGBTQ+ individuals?

The partial decriminalization has positively impacted healthcare access for LGBTQ+ individuals. It has reduced fear of legal repercussions when seeking medical care, potentially improving access to HIV/AIDS prevention and treatment services. However, challenges related to discrimination and lack of LGBTQ+-specific healthcare knowledge among providers still persist.

39. How does the partial striking down of Section 377 affect workplace discrimination against LGBTQ+ individuals?

While the decriminalization itself doesn't directly address workplace discrimination, it removes the legal basis for such discrimination. This has led to increased discussions about LGBTQ+ rights in the workplace and has encouraged some companies to adopt more inclusive policies. However, comprehensive anti-discrimination laws are still needed for full protection.

40. What are the potential implications of the Section 377 judgment for other countries with similar laws?

The Indian Supreme Court's decision on Section 377 has potential implications for other countries, particularly those with similar colonial-era laws. It provides a legal precedent and reasoning that activists and courts in other jurisdictions can reference in challenging similar provisions, potentially influencing global trends in LGBTQ+ rights.

41. What are the potential implications of the Section 377 judgment for same-sex marriage rights in India?

The Section 377 judgment, while decriminalizing consensual same-sex relations, did not directly address same-sex marriage. However, its recognition of LGBTQ+ rights and dignity has provided a foundation for ongoing legal debates and petitions seeking recognition of same-sex marriages in India.

42. How does the Section 377 judgment impact the interpretation of personal laws in India?

While the Section 377 judgment doesn't directly address personal laws, its emphasis on constitutional rights over traditional morality could influence future interpretations of personal laws, particularly in cases where these laws conflict with fundamental rights like equality and personal liberty.

43. What is the significance of the Section 377 judgment for HIV/AIDS prevention and treatment efforts in India?

The decriminalization of consensual same-sex relations is expected to positively impact HIV/AIDS prevention and treatment efforts. It reduces stigma and legal barriers that previously hindered access to healthcare services for LGBTQ+ individuals, potentially improving public health outcomes.

44. How does the Section 377 judgment relate to India's international human rights obligations?

The Section 377 judgment aligns India more closely with its international human rights obligations, particularly those related to non-discrimination and privacy. It demonstrates India's commitment to upholding universal human rights principles and could strengthen its position in international human rights forums.

45. What are the potential implications of the Section 377 judgment for adoption rights of LGBTQ+ individuals in India?

While the Section 377 judgment doesn't directly address adoption rights, its recognition of LGBTQ+ rights and dignity provides a foundation for future legal discussions on this issue. The judgment's principles could be used to argue for equal adoption rights, though specific legislation or court decisions would be needed.

46. What is the relevance of the Section 377 judgment for intersectional discrimination faced by LGBTQ+ individuals?

While the Section 377 judgment primarily focused on sexual orientation, its principles of equality and dignity have implications for addressing intersectional discrimination. It provides a basis for considering how multiple forms of discrimination (based on gender, caste, religion, etc.) intersect with LGBTQ+ identity.

47. How does the Section 377 judgment relate to the concept of privacy as a fundamental right in India?

The Section 377 judgment builds upon and reinforces the right to privacy as a fundamental right in India, as established in the Puttaswamy judgment. It specifically extends this right to cover sexual orientation and intimate personal choices, strengthening the overall jurisprudence on privacy rights.

48. What are the implications of the Section 377 judgment for mental health services for LGBTQ+ individuals in India?

The decriminalization of consensual same-sex relations is expected to positively impact mental health services for LGBTQ+ individuals. It reduces the legal basis for discriminatory practices in mental health care and supports the development of affirmative and inclusive mental health services.

49. What is the significance of the Section 377 judgment for LGBTQ+ representation in media and popular culture?

The decriminalization of consensual same-sex relations has created a more open environment for LGBTQ+ representation in media and popular culture. It reduces legal risks associated with such portrayals and encourages more diverse and authentic representations of LGBTQ+ characters and stories.

50. What are the implications of the Section 377 judgment for religious freedom and LGBTQ+ rights in India?

The Section 377 judgment prioritizes constitutional morality over religious morality in matters of individual rights. This approach could influence future cases where religious freedom claims conflict with LGBTQ+ rights, potentially favoring a balance that protects individual liberties.

51. How does the Section 377 judgment impact the interpretation of laws related to surrogacy and assisted reproductive technologies?

While not directly addressing surrogacy or assisted reproductive technologies, the Section 377 judgment's recognition of diverse sexual orientations and family structures could influence future interpretations of laws in these areas, potentially supporting more inclusive policies.

52. How does the Section 377 judgment relate to the concept of progressive realization of rights?

The Section 377 judgment exemplifies the concept of progressive realization of rights. It demonstrates how constitutional interpretation can evolve over time to expand the scope of fundamental rights, reflecting changing social norms and understanding of human rights.