Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, 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. Legal provisions of section 377 of indian penal code, 1860. Omission to give notice or information to public servant by person legally bound to give it. The origin of the law can be traced back to judeochristian moral standards at the time of framing, which insisted that any form of nonprocreative sex was immoral or against the order of nature. Today, the fivejudge bench partially struck down section 377 of the indian penal code, decriminalising samesex relations between consenting adults. Article 377 chapter xvi, section 377 of the indian penal code dating back to 1861,introduced during the british rule of india, criminalises sexual activities against the order of nature, arguably including homosexual acts. Supreme court observer plain english short summary section. This act shall be called the indian penal code, and shall 1extend to the whole of india 2except the state of jammu and kashmir. All you need to know section 377 of the indian penal code is an archaic law that was introduced during the british era in 1860s and makes gay sex a crime for which the punishment can. Chapter xvi, section 375377 of indian penal code ipc sexual offences 375. Chapter xvi, section 377 of the indian penal code dating back to 1860, introduced during the british rule of india, criminalises sexual activities against the order of nature, arguably including homosexual acts. Request pdf section 377 indian penal code and its present scenario gays present in the.
A bench headed by chief justice dipak misra and comprising of justice am khanwilkar and justice dy chandrachud decided to reexamine the top courts earlier order upholding section 377 of the indian penal code. Ipc, criminalises voluntary carnal intercourse against the order of nature, and remains one of. A cursory reading of both sections 375 ipc and 377 ipc reveals that although the former section gives due recognition to the absence. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Today, a fivejudge constitution bench headed by the cji dipak mishra will begin hearing the petitions to decriminalise section 377 of the indian penal code ipc. Section 377 of the indian penal code deals with unnatural offences. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1imprisonment for life. The section was declared unconstitutional with respect to sex between consenting adults by the high court of delhi on 2 july 2009. Section 377 in the indian penal code indian kanoon. The british had framed the indian penal code ipc in 1860. Section 377, a britishera law, criminalized any form of intercourse that was nonpenile vaginal, deeming it to be against the course of nature. Analyses of section 377 of the indian penal code ipleaders.
On 6 september, a fivemember bench of the supreme court ruled that section 377 of the indian penal code ipc, insofar as it applied to consenting. The section seems neutral in that it criminalizes certain sexual acts and not people and their identities. Lawyers have argued that the notorious criminal tribes act, 1871. Lets untangle the spaghetti of section 377 wordbyword. This paper seeks to determine the extent and manner in which the proscription of carnal intercourse against the order of nature under section 377 of the indian penal code, 1860 makes criminals out of homosexuals. Section 377 of the indian penal code is a section of the indian penal code introduced in 1861. T here has been a huge uproar throughout the country with people supporting the striking down of section 377 of the indian penal code, 1860 ipc.
The story of section 377 dates back to 1861, when the british criminalised sexual activities against the order of nature, including homosexual sexual activities in india. Section 375377 of ipc indian penal code sexual offences. Some activists have called it a regressive and unjust law which curtails the fundamental rights of citizens. The dreaded section not only made any kind of homosexual behaviour but also other kinds of unnatural sex such as oral and anal sex etc a criminal offence. A man is said to commit rape if hea penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person. Section 377 and the dignity of indian homosexuals this paper seeks to determine the extent and manner in which the proscription of carnal intercourse against the order of nature under section 377 of the indian penal code, 1860 makes criminals out of homosexuals. Section 377 of ipc section 377 of the indian penal code states whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished. Dec 31, 2018 the section 377 of the indian penal code ipc is an act that criminalises homosexuality and was introduced in the ear 1861 during the british rule of india. Jul 11, 2018 the supreme court will today resume hearing on pleas challenging the validity of section 377 of the indian penal code which criminalises homosexuality. Section 377 of the ipc refers to unnatural offences and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with. Human rights and section 377 of indian penal code lawlex. It reads as unnatural offences whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description. Section 377 ipc cannot be construed as a reasonable restriction as that would have the. Section 377 of the indian penal code is a section of the indian penal code introduced in 1861 during the british rule of india.
Indian penal code, 1860 bare acts law library advocatekhoj. Supreme court observer plain english short summary. The subject of this report, section 377 of the indian penal code. As it exists today in chapter xvi of the indian penal code, section 377 states. Another good thing about having a list of useful indian penal code sections is that you are not left clueless and stuck wondering what to start reading for an exam. The indian penal code was an important experiment in the larger colonial project along with. Supreme court, however, overturned the hcs decision in december 20 saying that amendingrepealing section 377 should be parliaments decision and not high courts. Nonappearance in response to a proclamation under section 82 of act 2 of 1974. J acknowledgements pursuing a research internship for the second time is a very learning experience. This section makes unnatural offences punishable under the code. Section 377, ipc denies a persons dignity and criminalises his or her core identity solely on account of his or her sexuality and thus, violates article 21 of the constitution. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, 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.
The story of section 377, a timeline of controversies fyi news. Section 377 of the indian penal code states whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished. Our earlier order needs to be reconsidered, said justice misra on monday. Decision of honourable supreme court on section 377 of. As it stands, section 377 ipc denies a gay person a right to full personhood which is implicit in notion of life under article 21 of the constitution.
Definition of harbor in sections 212, 216 and 216a. Section 377 is an antisodomy provision derived from the indian penal code of 1860, which reads as follows. It reads as unnatural offences whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, 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. Sep 06, 2018 the dreaded section not only made any kind of homosexual behaviour but also other kinds of unnatural sex such as oral and anal sex etc a criminal offence. Sep 06, 2018 section 377 ipc subjects the lgbt community to societal pariah and dereliction and is, therefore, manifestly arbitrary, for it has become an odious weapon for the harassment of the lgbt community. Section 377 and the dignity of indian homosexuals outright. Jul 17, 2018 section 377 can be put in simple terms as unnatural offences. Section 377 of ipc 1 introduction the supreme court has restored a landmark delhi high court judgement which had decriminalised homosexuality. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Decision of honourable supreme court on section 377 of indian penal code i is it just and fair. A fivejudge constitution bench of the supreme court on thursday decriminalised homosexuality by partially striking down the colonial era provisions of section 377 of the indian penal code ipc.
Lgbt individuals are now legally allowed to engage in consensual intercourse. The people who have successfully been able to adapt to the circumstances with time and the people who have a broader mindset wish to strike the section down. Punishment of offences committed beyond, but which by law may be tried within, india. This is where a list of essential and important sections of ipc come handy. A summary of the supreme court verdict on section 377 brief background section 377 of the indian penal code, 1860 makes certain acts illegal. A fivejudge constitution bench headed by chief justice dipak misra had reserved its verdict on july 17 after hearing various stakeholders for four days, including gay rights activists. Pdf whether section 377 of ipc voilates the fundamental. Section 377 indian penal code and its present scenario request pdf. In a landmark ruling, a fivejudge constitution bench of the supreme court of india on thursday, september 6, 2018, decriminalised homosexuality between consenting adults by partially striking down section 377 of the indian penal code ipc as unconstitutional. Dec 21, 20 section 377, ipc denies a persons dignity and criminalises his or her core identity solely on account of his or her sexuality and thus, violates article 21 of the constitution.
It reads as unnatural offences whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life. Section 377 of the indian penal code criminalises consensual private sexual acts between adults. It can be challenging to cover the entire indian penal code pdf if you have limited time. Find latest updates on section 377 and decriminalizing gay sex. It is an archaic colonial law that was brought in by the british. The supreme court has restored a landmark delhi high court judgement which had decriminalised homosexuality. Repealed by the indian penal code amendment act, 1942 8 of 1942 217. Full text of supreme courts verdict on section 377 on september 6, 2018. This was a colonialera law that was at odds with modern notions of justice and equality of all humankind. September 6 marks one year since the historic judgment by the fivejudge constitution bench of the supreme court in reading down the provisions of section 377 of the indian penal code and. Full text of supreme courts verdict on section 377 on. J acknowledgements pursuing a research internship for the. It says that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with simple or rigorous imprisonment for a.
Read full text of scs judgement on decriminalizing homosexuality under section 377. A man is said to commit rape if he a penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person. Section 377 of the indian penal code was no longer criminalized was revolutionary in the manner. The colonial hangover, section 377 of the ipc was struck down by the supreme court of india upholding human rights and putting an end to the violation of constitutional rights of the homosexual community. C, its meaning, pros and cons of decriminalizing sec. Decision of honourable supreme court on section 377 of indian. The section 377 supreme court judgment came from a unanimous 5judge bench of the honourable supreme court, headed by the chief justice of india, mr.
Get ready for upsc civil services preliminary exam 2020 with insights insta 75 days revision plan. Section 377 of the indian penal code is an archaic law that was introduced during the british era in 1860s and makes gay sex a crime for which the punishment can be a life term. The fourmember bench gave four separate but concurring judgments. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman. The story of section 377, a timeline of controversies. Jan 18, 2020 the section 377 supreme court judgment came from a unanimous 5judge bench of the honourable supreme court, headed by the chief justice of india, mr. They are now permitted to live as an equal citizen sans harassment. Thus, decriminalisation of section 377 ipc is a welcome move by the apex court. Section 377 has always been under public discourse and discussion. Jun 29, 2017 t here has been a huge uproar throughout the country with people supporting the striking down of section 377 of the indian penal code, 1860 ipc. Are you ready for insta 75 days revision plan upsc prelims 2020. Section 377, ipc, to the extent that it criminalises consensual sex between two adults is arbitrary, irrational and hence liable to be partially struck down.
It has brought an end to the untold agonies of lgbt communities and their sufferings. Section 377 of indian penal code should be abolished primarily, the first thing i wish to clarify and convey to my learned adversary and voters is that if i show and provide enough reasons for the law to sustain and remain undisturbed, in compliance with the resolution i will win this debate. A fivejudge bench led by cji dipak misra diluted section 377 of the indian penal code, to exclude all kinds of adult consensual sexual behaviour. This paper make much of the result of the case naz foundation in which it discriminalises homosexuality, but the main question is that the continuing problematic legal labelling of it as an activity that contravenes the order of nature. A summary of the supreme court verdict on section 377. The court has upheld provisions in section 377 that criminalise nonconsensual acts or sexual acts performed on animals. Section 377 refers to unnatural offences and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
The verdict is a major victory for the lgbtq community and its activists across the nation, who feel the. Sep 07, 2018 section 377 also included consensual sexual acts of adults such as oral and anal sex in private which were treated as unnatural and punishable. Section 377 is also the only law in the indian penal code that addresses child sexual abuse. A fivejudge bench led by cji dipak misra diluted section 377 of the indian penal code, to exclude all. Sep 20, 2018 are you ready for insta 75 days revision plan upsc prelims 2020. It was a day when humanity prevailed over sexuality and love battled over all the odds. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 377 of the indian penal code the aphrodisiac of. Section 377 of the indian penal code was defined as. Explained in bengali an essay with important question for wbcs, ssc, bank, rail, food sub inspector, wb police. In july 2009, the high court said that section 377 of ipc was a violation of fundamental rights and decriminalised the same. In india the legal system is largely a gift from british rulers. Modelled on the buggery act of 1533, it makes sexual activities against the order of nature illegal. Omission to produce document to public servant by person legally bound to produce it.
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