IPC §377
Unnatural offences
Comparison
377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 2[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. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
What changedAI-inferred
IPC 377 (unnatural offences — voluntary carnal intercourse against the order of nature) was partially read down by the Supreme Court in Navtej Singh Johar v. Union of India (2018), which struck down the criminalisation of consensual same-sex acts between adults. BNS does NOT carry IPC 377 forward as a general offence. The non-consensual aspects of IPC 377 (against children, against unwilling adults, bestiality) are partially covered through:
- BNS Chapter V child-sexual-offence framework (BNS 63-71 read with POCSO Act, 2012)
- BNS 124 (acid/grievous-hurt offence) for severe non-consensual sexual violence
However, adult non-consensual male-on-male sexual offences fall in a legislative gap that BNS does not explicitly close. This represents one of the most significant policy choices in BNS — the deliberate non-codification of a residual unnatural-offences provision post-Navtej Singh Johar.
Old position
IPC Section 377 is concerned with Unnatural offences.
New position
BNS does not carry forward IPC Section 377 as a directly corresponding provision. See the change-note for the relationship classification and any cross-statute / repeal-and-savings notes.
Editorial deltaAI-indicated (source-linked)
IPC 377 (unnatural offences — voluntary carnal intercourse against the order of nature) was partially read down by the Supreme Court in Navtej Singh Johar v. Union of India (2018), which struck down the criminalisation of consensual same-sex acts between adults. BNS does NOT carry IPC 377 forward as a general offence. The non-consensual aspects of IPC 377 (against children, against unwilling adults, bestiality) are partially covered through:
- BNS Chapter V child-sexual-offence framework (BNS 63-71 read with POCSO Act, 2012)
- BNS 124 (acid/grievous-hurt offence) for severe non-consensual sexual violence
However, adult non-consensual male-on-male sexual offences fall in a legislative gap that BNS does not explicitly close. This represents one of the most significant policy choices in BNS — the deliberate non-codification of a residual unnatural-offences provision post-Navtej Singh Johar.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 377 continues to apply. The new code does not carry forward this section as a directly corresponding provision; see the change-note for details.
Frequently asked
The BNS does not carry forward this provision as a directly corresponding section. Reasons may include constitutional ruling (e.g., struck down or read down by the Supreme Court), pre-BNS repeal, or absorption into a different statutory framework. See the linked judgment-edge-relevance records for any constitutional ruling anchors.
Cite this page
Newlaws.in, IPC §377 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/377.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.