Bare Provision
377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[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.
Section 377 of the Indian Penal Code (IPC) is a colonial-era law that criminalizes homosexual acts. It has been the subject of significant controversy and legal challenges in recent years.
In 2009, the Delhi High Court delivered a landmark judgment in the case of Naz Foundation v. Government of NCT of Delhi, which held that Section 377 was unconstitutional to the extent that it criminalized consensual sexual acts between adults of the same sex. This decision was widely celebrated as a major step forward for LGBTQ rights in India.
However, in 2013, the Supreme Court of India overturned the Delhi High Court's decision, reinstating the criminalization of homosexual acts under Section 377. This decision was widely criticized and sparked widespread protests.
In January 2018, a five-judge Constitution bench of the Supreme Court of India, in Navtej Singh Johar v. Union of India, overturned its 2013 judgment and held that section 377 is unconstitutional in so far as it criminalizes consensual sexual conduct between adults of the same sex. The judgment read down Section 377, to the extent that it criminalizes consensual sexual conduct between adults of the same sex.
However, Section 377 still remains in the Indian Penal Code and it is not repealed, it can still be used to prosecute non-consensual sexual acts, bestiality and acts involving minors.
Section 377 is no longer used to criminalize homosexual acts between consenting adults in India. The judgement has been widely praised as a historic victory for the LGBTQ community in India.
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