IPC 377 vs BNS 377
● Retained in BNSUnnatural offences
Section 377 of the Indian Penal Code, 1860, deals with unnatural offences, which include sexual acts against the order of nature. Historically, this section criminalized consensual and non-consensual sexual acts deemed “unnatural,” including anal or oral intercourse. However, post-2018 Supreme Court ruling (Navtej Singh Johar vs. Union of India), consensual acts among adults in private are no longer punishable, focusing the provision on non-consensual or exploitative acts.
Key points:
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Applies to non-consensual sexual acts against adults or any sexual activity with minors.
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Protects individuals from exploitation, coercion, and abuse.
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Punishment: Imprisonment up to 10 years and fine for non-consensual acts.
For example, any sexual act against the will of a person that falls under “against the order of nature” constitutes an offence under IPC 377. The law ensures protection from sexual exploitation while respecting consensual adult sexual autonomy.
Unnatural offences
Section 377 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 377. It punishes non-consensual unnatural sexual acts, maintaining alignment with the Supreme Court’s decriminalization of consensual adult activity.
Key points:
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Covers non-consensual acts, sexual abuse, and acts involving minors.
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Punishment remains up to 10 years imprisonment and fine.
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Ensures protection against sexual exploitation without criminalizing consensual adult behavior.
For instance, coercing someone into unnatural sexual acts or involving minors falls under BNS 377. The provision ensures legal protection for victims and accountability for perpetrators, in line with modern legal standards.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 377 to BNS BNS 377.