Section 377 in The Indian Penal Code, 1860
377. Unnatural offences.—
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman ... Union of India 2018, the apex Court read down Section 377 of the IPC criminalising "unnatural sex" as being unconstitutional. The Court upheld
Bench of
this Court to the said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another ... Constitution of India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
the said Writ
well as the implementation of the
provisions of Indian Penal Code namely Sections 377 , 375 / 376 and 354 by the
respondent authorities. The existing trend ... under Section 375 and
unnatural offences falling under Section 377 of the Indian Penal Code. It
may not be appropriate to bring unnatural offences punishable
well as the implementation of the provisions of Indian Penal Code namely Sections 377 , 375 / 376 and 354 by the respondent authorities. The existing trend ... under Section 375 and unnatural offences falling under Section 377 of the Indian Penal Code. It may not be appropriate to bring unnatural offences punishable
Section 377 of
the Indian Penal Code, 1860 ( IPC ) in the following terms:
“We declare that Section 377 IPC, insofar it criminalises consensual ... High Court was to the
constitutional validity of Section 377 of the Indian Penal Code, 1860.
The High Court, without examining that issue, dismissed
constitutional validity of Section
377 of the Indian Penal Code, 1860 ( IPC ), which criminally
penalizes what is described as "unnatural offences ... core of the controversy involved here is the penal
provision Section 377 IPC which criminalizes sex other than
heterosexual penile-vaginal. The legislative history
criminalisation of
sodomy in the British colonies". Thus, Section 377 of Indian
Penal Code derives its origin from the Buggery ... Penal Code is a Victorian Law
which can be divided into three neat compartments- first, it
penalizes sexual activities between the homosexuals,
secondly, it penalizes
year under Section 302 IPC, and under Section 377 , IPC he has been sentenced to rigorous imprisonment for three years and a fine ... IPC, was further charged for the offence under Section 377 , IPC, on receipt of the report of the chemical examiner. Bhagchand was charged
other penal
provisions such as Section 375 IPC and the POCSO Act
already penalize non-consensual carnal intercourse. Per
contra, Section 377 IPC ... said aspect of
Section 377 is constitutional and it shall remain a penal
offence under Section 377 IPC. Any act of the description
covered
offences inter-alia u/s 376 IPC, 377 IPC ,
376/109 IPC , 377/109 IPC . But vide order dated ... offences u/s 376 IPC, 377 IPC , 376/109 IPC , 377/109 IPC framed
against the accused persons.
In view
