● Removed from BNS
Section 377 IPC punished carnal intercourse against the order of nature. In Navtej Singh Johar v. Union of India (2018), the Supreme Court read the section down to decriminalise consensual acts between adults, leaving it applicable only to non-consensual acts, minors, and bestiality. The BNS has no equivalent provision at all -- non-consensual acts against adult women are covered by the rape provisions (BNS 63-64), and offences against children by the POCSO Act, but non-consensual acts against adult men are not squarely covered by any BNS provision, a gap several commentators have flagged.
Section 377 IPC punished "carnal intercourse against the order of nature" with imprisonment up to life or 10 years and fine. In Navtej Singh Johar v. Union of India (2018), the Supreme Court read it down to decriminalise consensual acts between adults, leaving it applicable to non-consensual acts, minors and bestiality.
The BNS contains no equivalent of Section 377. Non-consensual sexual offences against women are covered by the rape provisions (BNS 63–64), and offences against children by the POCSO Act.
Omitted entirely. Commentators have noted this leaves a gap for non-consensual acts against adult male victims, which no BNS provision squarely covers.
Imprisonment for life, or imprisonment of either description for a term up to 10 years, and fine..
IPC 377 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 377 are tried before the Court of Session..
Following Navtej Singh Johar v. Union of India (2018), the primary defence available is that the act was consensual and between adults, which now falls outside the section entirely. Where the complaint involves a minor or an animal, or disputes whether penetration occurred, those are separately contested on the facts.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons