Unnatural Offences Section 377 Of Ipc Essay - 1530 Words

III. UNNATURAL OFFENCES: SECTION 377 OF IPC ‘Unnatural’ sexual offence is a consensual sexual act between its players, active or passive. Section 377 of IPC prohibits a consensual homosexual act between two adults even if it is done in private. Roots of this section are biblical and based on the principle that sexual activity is for procreation only. Any sexual act, therefore, not fitting that role is considered unnatural and against the order of nature. 3.1 Legislative paradigm Section 377 IPC deals with unnatural carnal intercourse against the order of nature. It consists of penetration per anus. Consent of the parties here is immaterial and the party consenting is equally liable as an abettor. The unnatural offences discussed under this section are: i. Sodomy, and ii. Bestiality Sodomy: The word sodomy generally connotes to intercourse per anum by a man with a man or a woman. Sodomy may either be homosexual or heterosexual. Consent is not a defense to the charge under this section. Bestiality: Bestiality means the sexual intercourse either by man or by woman carried out in a way with a beast (animal) or a bird. This section is gender neutral and is applicable on women as well. However, this section is not attracted if the act is done either by a man or a woman with an inanimate object. It is important to note a few distinct aspect of unnatural offence criminalized under Section 377 IPC. ï€ ­ First, it is a consensual sexual act between its players, active or passive. ï€ ­Show MoreRelatedUnnatural Offences : Section 377 Of Ipc1530 Words   |  7 PagesIII. UNNATURAL OFFENCES: SECTION 377 OF IPC ‘Unnatural’ sexual offence is a consensual sexual act between its players, active or passive. Section 377 of IPC prohibits a consensual homosexual act between two adults even if it is done in private. Roots of this section are biblical and based on the principle that sexual activity is for procreation only. Any sexual act, therefore, not fitting that role is considered unnatural and against the order of nature. 3.1 Legislative paradigm Section 377 IPCRead MoreRe Thinking Queer Bodies Through Law1412 Words   |  6 Pagesqueer subject. The colonial administration created the category of the queer subject as a result of governance, i.e. through the adoption of Indian Penal Code (‘IPC’) in 1860. Section 377 of the IPC criminalized sexual offense against the order of nature (non-procreative sex). The paper historically draws out Section 377 of the IPC. Through a close reading of the judgment the paper focuses on analysing the limits that the law poses to a discussion of sexuality. The paper, while recognising theRead MoreHOMOSEXUAL RELATIONSHIP8410 Words   |  34 Pagesthe  moralists  and  liberalists  can be, perhaps, best shown with the help of  Tihar Jail Sex Imbroglio. In India, homosexuality is not directly targeted by law. However, it is indirectly regulated by section 377 of the Indian Penal Code, which makes the act of carnal intercourse against the order of nature with any man, wom an or animal an offence. Between, February and April 1994, there were several reports in national newspapers about the existence of rampant homosexuality at Tihar jail in New Delhi. The doctors recommendedRead MoreThe Indian Constitution Cornerstone Of A Nation Essay1997 Words   |  8 Pagesfavor of the LGBTs in the year 2009 in the landmark judgment of NAZ Foundation v Government of N.C.T Delhi (hereinafter referred to as the NAZ Foundation case), declaring Section 377 of the Indian Penal Code which criminalizes homosexuality in India to be unconstitutional and violative of Articles 14, 15 and 21 and read down the section, allowing consensual sexual activity between two homosexuals above 18 years of age. 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Basically IPC here is covering entire sexual offences occurred in India, right from the beginning what are the amendments has been done in the laws to make it more vibrant for the society. Amended and Unamended IPC’s for the sexual offences occurred in India. Sexual offences are currently enclosed under different s ections of IPC. The IPC does not provideRead MoreLegal Method Moot Court Project3698 Words   |  15 Pages(court judgment), someof the cases are discussed here. Homosexuality is an act declared punishable under Section 377 IPC, 1860. The above law states that â€Å"carnal intercourse against the order of nature with any man, woman or animal†. The interesting aspect herein is that ‘consent’ amongst adults is immaterial for the purposes of the offence. The mere fact that the act in question is unnatural and therefore, immoral and socially unacceptable, brings about liability under the provision. The High CourtRead MoreThe Respondent And The Appellant2605 Words   |  11 PagesAdditional CMM, Bangaluru, for attainment of these reliefs: 1) A Protection Order under Section 18 of the Domestic Violence Act to prevent the respondent from committing any act of domestic violence against the appellant or any of her relatives, and further prohibiting the respondent from alienating the assets both movable and immovable properties owned by the respondent; 2) Pass a residence order under Section 19 of the Domestic Violence Act and direct the respondent to give an independent residenceRead MoreCritical Analysis Of Legal Regime For The Better Future Of Children Essay6622 Words   |  27 Pagesinternational efforts regarding the protection of children against from the crime committed against them. To make the study richer we will go through the need, relevance, reason of failure, vis-a-vis pros and cons of Protection of Children from Sexual Offence Act, 2012. To conduct this research we will adopt, the research methodology of doctrinal and non-doctrinal. After in-depth study on this topic we will try to find out suggestion/implementations whether the All international and national efforts areRead MoreA Christian Approach to Homosexuality7265 Words   |  30 Pagesthe provision of Section 377 of the Indian Penal Code which criminalised consensual sexual acts of adults in private, holding that it violated the fundamental right of life and liberty and the right to equality as guaranteed in the Constitution. Pronouncing the order in Naz Foundation (India) Trust v. Government of NCT, Delhi and Others, Writ Petition (Civil) No. 7455 of 2001, a division bench of Chief Justice A.P Shah and Justice S. Murlidhar said â€Å"We declare that Section 377 IPC, insofar it criminalizes