Section 377 of the now-repealed Indian Penal Code (IPC) had earlier provided for a punishment of life imprisonment or ten years in jail for voluntarily engaging in “carnal intercourse against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 in 2018 decriminalised consensual sexual acts under Section 377 IPC.
“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 beastiality,” the top court had ruled in the landmark ruling.
The BNS replaced the IPC in July this year.
There is no provision criminalising non-consensual acts of “unnatural sex” under the BNS.
The absence of an equivalent to Section 377 IPC has been criticised as experts state there is no provision to invoke if a man or a transgender person is subjected to rape.
Source: Barandbench
