Section 377 of Indian Penal Code, 1860

Meaning and Scope

Section 377 criminalizes unnatural sexual offenses, including homosexuality or sodomy, which are deemed to be against the order of nature. It states that whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal. It criminalizes sexual activities that are considered to be against the norms of society, such as rape or sexual assault.

Supreme Court’s Ruling

In 2018, the Supreme Court of India decriminalized consensual sexual activities between adults of the same sex, striking down the part of Section 377 that criminalized such activities. Non-consensual sexual activities, such as rape or sexual assault, continues to be punishable under section 376 and other relevant laws.

 

 

If you are facing charges under section 406 or are unsure about its applicability to your situation, it is advisable to seek legal advice. A lawyer can help guide you through the legal process, provide legal advice, and represent you in the court.

Punishment

The offence under this section is punishable with imprisonment for a term that can extend from 10 years to life imprisonment, along with a fine.

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