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Tuesday, July 29, 2025
TopicSection 377

Topic: Section 377

Section 377 of Chapter XVI in the Indian Penal Code states: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.” This British law dates back to 1861 and criminalises sexual activities against the order of nature and the ambit of this law extends to any sexual union involving penile insertion.

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Apoorva Mandhani -
Section 375 of the IPC defines the offence of rape, but carves out an exception for married couples. Citing this, HC ruled that a husband cannot be tried for anal sex with his wife.

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Harkirt Singh Anand -
Madhya Pradesh High Court noted that since 'relationship between husband & wife falls into marital rape exception to section 375, pre-requisite of consent becomes immaterial'.

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Proposed Bharatiya Nyaya Samhita, 2023 has scrapped Section 377, which offered gender-neutral protection against ‘unnatural sex’ while also safeguarding animals.

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Akshat Jain -
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Prithviraj Singh -
Alam Ansari, who works as a JCB driver with a firm in Chamoli, was booked under IPC’s Section 377 and the Prevention of Cruelty to Animals Act. ‘Insult to our community’, says NGO.
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