A PIL has been filed before the Delhi High Court to Challenge the exclusion of a provision in Bhartiya Nyaya Sanhita (BNS) for punishing non-consensual sodomy or other unnatural sexual acts with any person (man or woman). The PIL was mentioned before the bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela and the court agreed to list the matter on Tuesday.
Section 377 of the Indian Penal Code had earlier provided for a punishment of life imprisonment or ten years in jail for voluntarily engaging in “carnal intercourse against the order of nature with any man, woman or animal.
The supreme court in Navtej Singh Johar decriminalized consensual sexual acts under section 377 of IPC. It was held that “The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of bestiality”. Hence the BNS replaced IPC in July 2024 there is no provision criminalizing non-consensual acts of “unnatural sex” under the BNS. Experts point out that no provision exists to address cases where a man or transgender person is subjected to rape.
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