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 ... this section. [ In Navtej Singh Johar v. Union of India 2018, the apex Court read down Section 377 of the IPC criminalising "unnatural
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
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 ... falling under Section 354, sexual offences falling under Section 375 and
unnatural offences falling under Section 377 of the Indian Penal Code
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 ... falling under Section 354, sexual offences falling under Section 375 and unnatural offences falling under Section 377 of the Indian Penal Code
Section 377 of
the Indian Penal Code, 1860 ( IPC ) in the following terms:
“We declare that Section 377 IPC, insofar ... High Court was to the
constitutional validity of Section 377 of the Indian Penal Code, 1860.
The High Court, without examining that issue, dismissed
challenge the constitutional validity of Section
377 of the Indian Penal Code, 1860 ( IPC ), which criminally
penalizes what is described as "unnatural ... Christians."
3. Indian Penal Code was drafted by Lord Macaulay and
introduced in 1861 in British India. Section 377 IPC is
contained
these circumstances sub-Section (2) of Section 464 Cr.PC
could not be invoked since Sections 376 and 377 IPC were distinct offences ... Section (2) of Section 464 Cr.P.C as these operate in
different fields. The conviction of the appellant under Section 377 IPC
committed an offence punishable under Section 377 , read with Section 511 of the Indian Penal Code. The sentence of imprisonment inflicted on each of these ... Section 377 , Indian Penal Code."
In my opinion, much importance cannot be attached to a circumstance that in the Indian Penal Code , there
under Section 377 read with Section 109 IPC, Sections 120B
and 323 IPC and under Section ... with Section 377 IPC and Section 373 IPC. Duncan
Aleander Grant (A3) was convicted under Section 377 IPC,
Section
offence under
sections 376(a) (amended section 376-B), 377, 498(A)
and 114 of the Indian Penal Code .
(B) Pending admission, hearing and final ... offence under section
376(a) (amended Section 376-B ), 377, 498(A) and 114 of
the Indian Penal Code
(C ) To pass such other further
