IPC 377 in BNS: No Corresponding Section

What Happened to IPC 377?

Section 377 IPC has no counterpart in the Bharatiya Nyaya Sanhita and is repealed. In Navtej Singh Johar v Union of India in 2018, the Supreme Court read down Section 377 IPC to decriminalise consensual sexual acts between adults in private. When enacting the Bharatiya Nyaya Sanhita, Parliament omitted unnatural offences entirely. Consequently, the new penal code contains no specific provision penalising non-consensual carnal intercourse against adult males or acts of bestiality.

IPC 377 Is Repealed

Section 377 (Unnatural offences) of the Indian Penal Code, 1860 has been repealed and has no corresponding section in the Bharatiya Nyaya Sanhita, 2023.

Repealed without counterpart. Section 377 IPC was read down by the Supreme Court in Navtej Singh Johar v Union of India in 2018 to exclude consensual sexual conduct between adults in private. The Bharatiya Nyaya Sanhita omitted unnatural offences altogether, creating no replacement offence for non-consensual carnal intercourse against adult men or for bestiality.

What IPC 377 Means for Pending Cases

For Section 377 IPC (now Section REPEALED BNS): the Bharatiya Nyaya Sanhita omits unnatural offences entirely. No counterpart provision exists in the new code for non-consensual sexual acts against adult male victims or for bestiality. Prosecutions for conduct alleged before the repeal continue under Section 377 IPC subject to the constitutional boundaries established in Navtej Singh Johar v Union of India in 2018.

FAQs: IPC 377

What is the status of Section 377 IPC under the Bharatiya Nyaya Sanhita?▼

The Bharatiya Nyaya Sanhita contains no counterpart to Section 377 IPC. The provision is repealed without an equivalent section in the new code.

Did Navtej Singh Johar v Union of India decriminalise all acts under Section 377 IPC?▼

No; the Supreme Court read down Section 377 IPC in Navtej Singh Johar v Union of India in 2018 only to exclude consensual sexual acts between adults in private. Non-consensual acts and bestiality remained under the section until its repeal.

Which Code governs an act covered by Section 377 IPC and done before 1 July 2024?▼

The Indian Penal Code applies to offences committed before the BNS came into force, subject to the constitutional ruling in Navtej Singh Johar v Union of India in 2018. Section 358 BNS preserves previous liabilities and proceedings.