| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Criminal Laws | Indian Penal Code | 1860 |
| Act Number | Enactment Date | Chapter Number |
| 45 | 06.10.1860 | 16 |
| Chapter Title | Sub-Chapter | Legislated by |
| Of Offence Affecting The Human Body | - | Parliament of India |
[On 6 September 2018, the Supreme Court ruled unanimously in Navtej Singh Johar v. Union of India that Section 377 was unconstitutional "in so far as it criminalises consensual sexual conduct between adults of the same sex".]
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[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.
Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Unnatural offences. | Imprisonment for life or imprisonment for 10 years and fine. | Cognizable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Non-Bailable | Magistrate of the first class. | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |