A Public Interest Litigation (PIL) has been filed in the Delhi High Court challenging the exclusion of a provision to penalize non-consensual sodomy or other “unnatural” sexual acts under the newly enacted Bharatiya Nyaya Sanhita (BNS).
This petition was brought before a division bench consisting of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, who agreed to hear the matter on Tuesday.
Previously, under Section 377 of the now-repealed Indian Penal Code (IPC), individuals could be sentenced to life imprisonment or up to ten years in jail for voluntarily engaging in “carnal intercourse against the order of nature with any man, woman, or animal.” However, the Supreme Court’s landmark 2018 decision in Navtej Singh Johar decriminalized consensual sexual acts under this section, while affirming that Section 377 would still apply to non-consensual acts, acts involving minors, and acts of bestiality.
The BNS, which replaced the IPC in July 2023, does not include a provision equivalent to Section 377, leaving a gap in the law regarding the criminalization of non-consensual “unnatural” sexual acts. Critics argue that this omission fails to provide legal recourse for cases where men or transgender individuals are subjected to rape, highlighting the need for a provision to address such acts in the new legal framework.
