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Delhi HC Questions Missing Provisions for Unnatural Sex in BNS 2023
- 14 Aug 2024
- 2 min read
The Delhi High Court has raised concerns over the exclusion of penal provisions for unnatural sex and sodomy from the newly enacted Bharatiya Nyaya Sanhita 2023, replacing the Indian Penal Code (IPC), 1860.
- The court questioned the absence of provisions equivalent to Section 377 of the IPC in the BNS, which previously criminalized non-consensual unnatural sex.
- In India, "unnatural sex" refers to sexual activities considered against the order of nature. Section 377 of the IPC defines "unnatural offenses" as voluntary carnal intercourse against the order of nature with any man, woman, or animal.
- The exclusion has raised concerns about the protection of the LGBTQ community, male victims of sexual assault and other vulnerable groups.
- The Central government acknowledged the issue but emphasised that courts cannot direct the legislature to enact specific provisions in law.
- In 2018, the Supreme Court decriminalised homosexuality by striking off parts of Section 377 of the IPC which were held violative of Fundamental Rights of LGBTQ Community.
- BNS came into effect on 1st July 2024, replacing the IPC but has been criticized for leaving a critical void in legal protection against non-consensual sexual acts.
Read more: The Bharatiya Nyaya Sanhita, 2023, Supreme Court Decriminalizes Homosexuality
