UNNATURAL OFFENCES IN INDIA
IN PURVIEW OF INDIAN PENAL CODE 1860
Section 377 of the Indian Penal Code deals with unnatural carnal nature. Consent of parties is immaterial and the party consenting is equally liable as an abettor.
According to section 377 of the Indian Penal Code, the unnatural offences are defined as;
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life as with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Penetration is sufficient to constitute the offence of carnal intercourse as under this section.
1. The accused must have a carnal intercourse with a man or woman or animal.
2. The act ought to be against the order of nature.
3. The act is done voluntarily by the accused.
4. There is a proof of penetration.
5. The unnatural offences discussed under the section.
The unnatural offences discussed under the section:
The word ‘Sodomy” generally denotes “intercourse per annum by a man with a man or with a woman or with an animal. It may homosexual or heterosexual consent is immaterial here.
It means sexual intercourse either by a man or by a woman covered out in any way with beast or a bird.
The fifth law commission, referring to ongoing controversy about decriminalization of homosexual acts and recalling public opinion about in India, recommended decriminalization which is further endorsed by the fourteen law commission report.