Justice for the Voiceless: Why Section 377 Still Matters
This article analyses a legal void created by the recent substantive criminal law, Bhartiya Nyaya Sanhita, 2023. The new code omits the provision for bestiality (sexual abuse of animals). Earlier, this was a crime under Section 377 of the IPC, 1860.
This legislative lacuna marks a complete departure from India’s traditional values of safeguarding and protecting animals. The article argues for the immediate reinstatement of a specific, stringent penal provision that ensures justice for voiceless victims.
INTRODUCTION
“वही सचमुच देखता है जो सभी प्राणियों में भगवान को समान रूप से देखता है।”
This verse from the Bhagavad Gita means that divine power lies in all living beings.
Sadly, this core message of Indian philosophy has been overlooked in modern criminal legal reforms. The Bhartiya Nyaya Sanhita 2023 has repealed the specific provision of bestiality, which was earlier a crime under Section 377 of the IPC, 1860.
Protecting animals from abuse is a responsibility of human beings. Yet, the legal framework for their protection is missing. Animals remain vulnerable to sexual abuse, which is a horrendous crime. The legislature has failed to recognize it, despite recommendations from the Parliamentary Standing Committee on Home Affairs to include the crimes of Section 377 in BNS 2023.
REPORT OF THE PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS
The press release of the committee in paragraphs 1.16 and 1.17 clearly directed the central government to reintroduce and retain the crimes of Section 377 IPC. The government, however, failed to act on this recommendation.
LEGAL FRAMEWORK: SHIFT FROM IPC TO BNS
Section 377 of the IPC was the key provision for “unnatural offences.” It criminalized carnal intercourse against nature, which included men, women, and animals. Sexual abuse of animals was recognized as a criminal offence.
In 2018, the Supreme Court delivered a landmark judgment in Navtej Singh Johar v. Union of India. It decriminalized consensual sex between adults of the same sex, marking a victory for LGBTQ+ rights.
The court clarified that the law would still apply to non-consensual acts and bestiality. Bestiality continued to be a criminal offence. Only consensual adult same-sex relations were accepted as constitutional.
However, Section 325 of BNS 2023 only provides punishment for killing or maiming an animal by mischief. It prescribes five years’ imprisonment and a fine but excludes sexual violence. Community service is also not listed as a punishment.
By omitting Section 377 entirely, BNS 2023 leaves voiceless victims unattended and allows wrongdoers to escape legal punishment.
INADEQUACY OF THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
Section 11 of the Prevention of Cruelty to Animals Act, 1960 (PCA) does not cover sexual abuse as cruelty. The punishment is minimal. For the first offence, the fine is only ₹10 to ₹50, with no imprisonment provision.
Even for repeated offences, the penalties remain lenient. This makes the Act inadequate for addressing sexual abuse of animals.
RECENT CASES
Nagpur Equestrian Case (May 2025)
A staffer at an equestrian academy sexually abused a mare. Public outrage followed, with animal welfare organizations demanding action. Yet, the legal case proceeded only under the PCA, which carries weak penalties.
The punishment under Section 11 is usually a fine of ₹50–500 or up to three months’ imprisonment. This case highlights the insufficiency of existing animal protection laws in India.
Labrador Sexual Abuse Case (April 2025)
In this case, a man was arrested for sexually abusing a pet dog. The crime caused significant animal suffering. Once again, the police relied on the PCA due to the absence of provisions under BNS.
The charges remained weak and symbolic. This case further exposed the inadequacies in India’s current animal protection laws.
PETA India has also urged the Home Ministry to address sexual violence against animals in the Bhartiya Nyaya Sanhita.
SUGGESTION
India needs a robust law drafted with a compassionate view. Bestiality must be criminalized as a cognizable and non-bailable offence. Punishments should be strict enough to act as a strong deterrent.
CONCLUSION
Legislation must secure justice and protection for all living beings by making bestiality a criminal offence.
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Article 48A of the Constitution mandates the state to protect the environment, forests, and wildlife.
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Article 51A(g) makes it the duty of every citizen to have compassion for living creatures.
By removing Section 377 IPC and excluding it from BNS, the government has violated these constitutional principles. As a result, a vulnerable section of society—animals—has been left without legal protection.
