Plea Before Delhi High Court Challenges Exclusion Of Section 377 IPC From Bharatiya Nyaya Sanhita

A petition has been filed before the Delhi High Court against the exclusion of Section 377 of now repealed Indian Penal Code, 1860, from the Bharatiya Nyaya Sanhita (BNS).

The matter was mentioned today before a division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela which allowed listing for tomorrow.

Section 377 of IPC criminalised non-consensual carnal intercourse against the order of nature with any man, woman or animal i.e. 'unnatural offence'.

The provision was fully replaced in the BNS, which came into effect from July 01, along with Bhartiya Nagrik Surakhsa Sanhita (BNSS) and the Bhartiya Sakshya Adhiniyam (BSA).

The counsel appearing for the petitioner submitted during the mentioning that the absence of Section 377 of IPC in the new criminal law poses threat to every individuals, especially people from LGBTQ community.

“Section 377 of IPC in its absence poses threat on every individual but especially LGBTQ persons,” he said.

The court then allowed the matter to be listed tomorrow.

In December last year, the Parliamentary Standing Committee on Home Affairs had sought inclusion of Section 377 of IPC in BNS.

In its recommendations, the Committee had said that even though the Supreme Court read down the provision in question, Section 377 of IPC remained applicable in cases of non-consensual carnal intercourse with adults, all acts of carnal intercourse with minors, and acts of bestiality.

However, it added, that the Bharatiya Nyaya Sanhita, 2023, does not contain any provision for non-consensual sexual offence against male, female, transgender and for bestiality.

It therefore suggested that “to align with the objectives stated in the BNS, which highlights the move towards gender-neutral offences, it is mandatory to reintroduce and retain Section 377 of IPC”.