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SECTION 377 IPC - Indian Penal Code - Unnatural offences
Last Updated: 01 Feb, 2023
By Advocate Chikirsha Mohanty
Table of Contents
Description of IPC Section 377
According to section 377 of Indian penal code, Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Unnatural offences | Imprisonment for Life or 10 Years + Fine | Cognizable | Non-Bailable | Magistrate First Class |
Offence : Unnatural offences
Punishment : Imprisonment for Life or 10 Years + Fine
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Magistrate First Class
FAQ's on IPC Section 377
What offence is defined under IPC 377?
IPC 377 Offence: Unnatural offences.
What is the punishment for IPC 377 Case?
The punishment for IPC 377 is Imprisonment for Life or 10 Years + Fine.
Is IPC 377 cognizable offence or non-cognizable offence?
IPC 377 is a Cognizable.
How to file/defend your case for IPC 377 offence?
Use LawRato for filing/defending your case under IPC 377 with the help of best criminal lawyers near you.
Is IPC 377 bailable or non-bailable offence?
IPC 377 is a Non-Bailable offence.
In what court can IPC 377 be tried?
IPC 377 is tried in the court of Magistrate First Class.
Comments by Users
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Legal Questions Answered by Top Lawyers on IPC 377
One of my friend arrested under ipc 377 by his wife. He got 15 days judicial custody. She has MLC with her.Now whats are the possibilities to prove the 377 ipc on him?? And what should he do now?? Plz suggest.
Answer
Hi,
377IPC is considered one of a harsher crime in trial courts.
Need to see FIR for the same.
Need not worry our team is expertise in such matter.
Feel free to come over for a legal session.
All the best
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I have filed section9 on 30 April this year she filed 498a,377,504,34b,417,323 in reply on 16th July this year I mom dad got ab but because of ipc 377 my bail got rejected as she came with fake medical evidence in September 21st this year I want to know if I have not done anything like Anal intercouse and she is framing me with the help of police and it came +ve how do I prove it false as I am living away from 23 April my lawyer says she may have done it after 23 or maybe habitual before marriage and this is clear case of harassment to extort money. Pl help me in this as I am getting framed in the matter medical test saying "possibility of" as per my lawyers statement. There are no date, time nothing and charge sheet yet to file please help.
Answer
hello, have been through your query and i think you should approach the high court if the bail is rejected in the sesssions court and yeah tell a pleader or a lawyer to try the matter settle by alternative dipute resolution!
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Is ipc 377 is qashable??
Answer
Every act of sodomy cannot be subject of quashing by using the extra ordinary Jurisdiction of High Court under section 482 Code of Criminal Procedure. Only Act of Consensual Homosexual activities may be quashed as per the verdict of Delhi High Court. However, Now Hon,ble Supreme Court override this Judgment In a major setback to gay rights activists, the Supreme Court on 10-07-2018 held that homosexuality or unnatural sex between two consenting adults under Section 377 of the Indian Penal Code is illegal and will continue to be an offence. This provision did not suffer from any constitutional infirmity, it said.
A Bench of Justices G.S. Singhvi and S.J. Mukhopadaya set aside the Delhi High Court’s verdict decriminalising homosexuality . Section 377 holds that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal commits an unnatural offence. The Bench said: “We hold that Section 377 does not suffer from… unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.” It, however, said: “Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati.”
Writing the judgment, Justice Singhvi (who retired on Wednesday) said: “Those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature constitute different classes; and the people falling in the latter category cannot claim that Section 377 suffers from the vice of arbitrariness and irrational classification. What Section 377 does is merely to define the particular offence and prescribe punishment for the same which can be awarded if, in the trial conducted in accordance with the provisions of the Code of Criminal Procedure and other statutes of the same family, the person is found guilty. Therefore, the High Court was not right in declaring Section 377 ultra vires Articles 14 and 15 of the Constitution.”
On March 27, 2012, the court reserved verdict after arguments that started on February 15, 2012. Parents of gays, lesbians, bi-sexuals and transgenders supported the High Court ruling, which was delivered on petitions filed by the NAZ Foundation and others. It was argued that Section 377 was against their right to life and liberty guaranteed under the Constitution. The Delhi Commission for Protection of Child Rights, the All-India Muslim Personal Law Board and the Apostolic Churches Alliance had opposed the judgment.
The Bench said: “While reading down Section 377, the High Court overlooked that a miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders, and in the more than 150 years past, less than 200 persons have been prosecuted for committing offence under Section 377, and this cannot be made a sound basis for declaring that Section ultra vires Articles 14, 15 and 21.”
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1) My friend's wife has filed false 377 against him, after 1 month of marriage. 2) What are the chances of my friend getting anticipatory bail in 377? There was no such act done by my friend with his wife.
Answer
Dear sir,
If her complaint is base less and only to implicate you in such a serious case you may get anticipatory bail. Even you may get regular bail too for your friend.
The anticipatory and regular bail conditions are different but you may get depends upon the complaint and evidence adduced by police / complainant
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I am a male living with another male, but not in any relationship with him. But due to my sexual orientation, certain individuals are blackmailing me saying that they will use the police to arrest us using section 377 and that my history will be enough to condemn him too. Even though he stands by me, I wish to know if anticipatory bail or any other legal protection can be gained atleast for him, especially when I have no proof of blackmail and a history of relationship with men, in case of they actually do what they threatened.
Answer
Hello
G m
No5 to worry
U ccan go for anticipatory bail before the sessions court
On the basis of the above facts as mentioned by you , you have a fairly good chance to obtain the same.
Regards vinit jain
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Do i need any evidance to proove section 377?? As because its being 8 months . And so no medical test can help. So what will hapeen in this case??
Answer
Yes, you need to prove proof for section 377.
If you have proofs that due to some specific threats or circumstances your are filling this complaint late than you can file it after 8 months also delay in complaints can not affect your case.
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Advocate Vijaykumar G Vanraj
Warasiya Main Road, Vadodara
Dear Sir Kya 377 3/4 me bell client ko mil paygi clients ka medical nhi hua hai
Answer
Bail depend upon facts of the case which is different in different case also the innocence gravity magnitude impact of the crime has to be seen while granting bail status of the accused whether in jail or seeking anticipatory also counts much while it's consideration more so absences of medical has lot much to do in your favour thing is the contents of F I R and your rope assigned in it
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I am muslim. I falsely charged by wife under 377 three yrs back. finally chargesheet was submitted in the court. On court website date of hearing given for next year Jan 2019. I not got CS till now. 1. can i get CS and other documents, if I go to court in few days? 2. i need to pay any amount to get cs? 3. can i get cs, just by writing a simple application ? or i have to use legal format?
Answer
The copy of the charge sheet is provided to the accused free of cost on his appearance before the court. If you have not appeared before the court after filing of charge sheet, it will be given to you on your first appearance and till date you can not obtain the same legally, but obtain it by using other means.....?. There is a procedure to obtain the certified copy of any document from the court record, but you can not apply for the same unless your appearance will not be marked on record.
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Advocate Vivek Bharadwaj
Jyoti Nagar East, Delhi
how many days take to arrest the person in section ipc 353
Answer
no period if offence is proved in investigation they will arrest by issuing 41A notice under criminal procedure code and you can also apply for anticipatory bail under section 438 of the code of criminal procedure and the usually it would be in between 90 days from the date of registering the case and hence please calculate the time basing upon the above provisions
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I filed a case against husband and some family members. Section 377 was also in FIR. I went to the government hospital but they denied doing my medical. They said, they need orders from either police or court to do my medical. Sir, My husband and other members have bribed police and Due to certainty of a positive result in medical, Police is not supporting me and not giving orders to do medical and is hell bent upon removing Section 377 IPC from the chargesheet filed. Sir, in the absence of police report, Please suggest how to ask court to order for getting my medical done ??
Answer
Mam it is a serious offence .. If the police is bribed and the hospital is not conducting your medical .. Then u give a complaint in the commissioner office and women cell against your husband and hospital staff.. No one can refuse you to conducting your medical examination.. If no positive result is obtained then we can directly file a complaint in the court.. The court will direct the police to conduct your medical examination..
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Suppose two minor males A/B(age: 7 and 15) engage in sexual act with each other, then are they will be criminals according to indian laws? Can this act be deemed as rape ? If yes who will be the criminal? It happened 6 yrs before.And same thing had happened with male B(age:15) when he was at the age of 6 by other minor male.All these acts were consensual.
Answer
Well, this is not a problem personally related with you but as you asked you must have to complaint before the police against both the person ,even these were consensual but both were minor so both have committed crime & both will be culprit against the state because both have violated the Law. Any person may be the informant in this matter. But recently our Apex Court has passed a judgment regarding legality of sec.377 ipc but in case of major partners only . In your case both are minor hence both will be guilty against the Law.
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Sir my husband has filed a adultery case against me. Because of false information from the informer I'm suffering so much mental cruelty for the past 3 months. He is so much believing that I have done some mistakes. Because of intolerable question I have said that I have been to physical relation. But that was a false information given by me. He has taken this as a confession from side he had filed the case. Ours is a love marruage.I cannot live with him. I love him more than anything. He is not allowing me or my parents to talk with him. I'm ready to sacrifice anything but I want to save my marriage. Please help me out. I'm ready to live with him as a servant also, I can't live without my husband
Answer
Adultery wont stand until proved. If it is a false one then he cant prove it. U ask ur lawyer to have a talk through his lawyer and see for settlement. Or else file a case under domestic violence and get a residence order and stay with him. Also file a petition for restitution of conjugal rights and get ur right as wife established.
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Sir how much time is sufficient for bail in ipc 395
Answer
In criminal case against you section 395 in I.p.c. imprisonment for life or rigorous imprisonment for 10 year and fine.its depends upon your case because how much time and how many witness in your case what is your role this matter what is evidence against your in court those fact seen in your bail application to seen court.depends upon Court and judge to granting bail no one can get gurantee for bail.how much time.
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Sir I have filled a case IPC 304b . The accused is arrested. Then what will be next proceeding
Answer
framing of charge against accused then after prosecution evidence follwed by defence of accused finally there will be argument of prosection and accused and at last judgment which may be acquial or conviction after that the party have right to go for appeal
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Advocate Abhishek Sharma
Court Compound moradabad, Moradabad
sir i want to know unnatural sex by mutual consent of husband and wife is punishable? can wife file a case ? and if she deny medical examination when asked by the police after 5 months of complaint to police what will happen?
Answer
Yes, unnatural sex with wife even with her consent is punishable under section 377 ipc.
However, if she has refused to get her medical examination being conducted by doctors, this will lead to weaken the case and chances of conviction is negligible
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Advocate Vikram Singh
Karkardooma court, Delhi
