Unnatural offences
Section 377 of the Indian Penal Code, 1860 deals with unnatural offences. 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 ten years, and shall also be liable to fine. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 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.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of theft
Section 377, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- Bombay Judicial Proceedings (Regulation of Reports) Act s. 3 Restrictions on publication of reports of judicial proceedings
- Gujarat Judicial Proceedings (Regulation Reports) Act s. 3
- Gujarat Prevention of Anti-social Activities Act s. 7
- s. 388 Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc
- s. 389 Putting person in fear or accusation of offence, in order to commit extortion
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Navtej Singh Johar vs Union of India Ministry of Law and Justice Secretary
Court's Decision & Legal Precedent
Section 377 of the Indian Penal Code, insofar as it criminalizes consensual sexual acts between adults of the same sex in private, violates Articles 14, 15, 19(1)(a), and 21 of the Constitution of India. Sexual orientation is an essential attribute of privacy and dignity, and the criminalization of consensual intimate acts between adults is manifestly arbitrary, discriminatory, and an unreasonable restriction on fundamental rights. The State has no legitimate interest in criminalizing such conduct, and constitutional morality, not social morality, must guide interpretation. Section 377 is read down to exclude consensual acts between adults in private while remaining applicable to non-consensual acts, acts involving minors, and bestiality.
On this section: Core provision under challenge - criminalizes carnal intercourse against the order of nature. Court read it down to exclude consensual acts between adults in private.
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Supriyo @ Supriya Chakraborty vs Union Of India
Court's Decision & Legal Precedent
The Supreme Court held that while there is no fundamental right to marry under the Indian Constitution, LGBTQ+ persons have a constitutional right to enter into abiding cohabitational relationships grounded in Articles 14, 15, 19, 21, and 25. The Special Marriage Act 1954 cannot be read down to permit same-sex marriages due to semantic impossibilities and interconnected gendered provisions. The Court recognized that existing laws create indirect discriminatory impact on queer couples by denying them access to spousal benefits in employment, succession, adoption, and taxation. The Court declined to issue directions for marriage equality, finding such matters require comprehensive parliamentary action. Instead, the Court directed the Union Government to constitute a high-powered committee to examine the discriminatory impact of existing laws and regulations on same-sex couples and recommend appropriate remedies. Transgender persons in heterosexual relationships can marry under existing laws through harmonious interpretation with the Transgender Persons Act.
On this section: Criminalized consensual homosexual activity; decriminalized in Navtej Singh Johar; provides foundation for LGBTQ+ rights but does not automatically grant marriage equality
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Anil @ Anthony Arikswamy Joseph vs State of Maharashtra
Court's Decision & Legal Precedent
While the prosecution has conclusively proved guilt of the accused for offences under Sections 302, 377, and 201 IPC through circumstantial evidence combined with scientifically reliable DNA profiling, and the brutal, grotesque, and diabolical nature of the crime would ordinarily warrant capital punishment in the rarest of rare cases, the court must exercise discretion in sentencing by requiring assessment of rehabilitation and reformation potential before imposing death penalty. Legislative policy under Criminal Procedure Code requires courts to state special reasons for death sentences and carefully examine whether accused would be irreformable menace to society before awarding capital punishment, even in cases of heinous crimes against minors involving sexual abuse and murder.
On this section: Unnatural offences/Sodomy - Applied to convict the accused for committing pederasty (sexual intercourse between a man and a minor boy). Court held that sodomy with a minor is a distinct crime, consent is not a defence, and DNA evidence conclusively proved the offence.
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Mellissa Ferrier vs Union of India
Court's Decision & Legal Precedent
While the Constitution does not expressly recognize a fundamental right to marry, sexual orientation must be recognized as falling within the protected category of 'sex' under Article 15(1) of the Constitution. The restriction on same-sex marriage violates Article 15 by discriminating based on sexual orientation. The state has an affirmative constitutional obligation to recognize queer unions and grant them legal entitlements, though the specific contours of such recognition and the statutory framework must be developed through legislative and administrative action, not through judicial rewriting of statutes. Unmarried couples, including queer couples, have the right to jointly adopt children, and Regulation 5(3) of the CARA Regulations is read down to exclude the word 'marital'. The state must take immediate steps to protect queer persons from violence, discrimination, and coercion, including ceasing conversion therapy and ensuring police do not arbitrarily harass queer couples.
On this section: Prior decriminalization of consensual adult same-sex conduct; freedom from coercion in queer relationships
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Mathew Thomas& ANR. vs Vivek Rae& ORS.
Court's Decision & Legal Precedent
The right to privacy is a fundamental right under Article 21 of the Constitution of India, encompassing personal privacy, informational privacy, and freedom from surveillance and bodily intrusion. This right can be restricted only by a law that is legitimate, necessary, and proportionate to achieve a lawful State objective. The legislature is directed to formulate comprehensive data protection laws to regulate the collection, storage, processing, and use of personal information by both government and non-governmental entities, ensuring compliance with this fundamental right.
On this section: Discussed in context of privacy rights and sexual orientation as aspects of privacy
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Animesh Agarwal vs The State of Chhattisgarh
Court's Decision & Legal Precedent
In bail matters arising from domestic violence allegations, absolute rejection of anticipatory bail is not sustainable when the accused demonstrates responsibility and cooperation with investigation. Relief should be granted through conditional bail upon arrest by the Trial Court, with explicit conditions requiring cooperation with investigation and compliance with statutory bail conditions under Section 482(2) BNSS, rather than through outright anticipatory bail, thereby balancing the accused's right to liberty with the State's interest in effective investigation and victim protection.
On this section: Unnatural offences - one of the charges in FIR; particularly serious charge affecting bail consideration
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Naz Foundation v. Govt. of NCT of Delhi
Court's Decision & Legal Precedent
IPC 377 is unconstitutional insofar as it criminalises consensual sexual acts of adults in private. Sexual orientation is included in 'sex' under Article 15. Dignity and privacy sit in Article 21. Non-consensual acts and acts involving minors remain punishable. Division Bench (Shah CJ and Muralidhar J).
On this section: s.377 read down: consensual adult private same-sex acts not an offence; minors/non-consensual retained.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The fact is that these sexual acts which are criminalised are associated more closely with one class of persons, namely, the homosexuals as a class. Section 377 Indian Penal Code has the effect of viewing all gay men as criminals. When everything associated with homosexuality is treated as bent, queer, repugnant, the whole gay and lesbian community is marked with deviance and perversity. They are subject to extensive prejudice because what they are or what they are …
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… The fact is that these sexual acts which are criminalised are associated more closely with one class of persons, namely, the homosexuals as a class. Section 377 Indian Penal Code has the effect of viewing all gay men as criminals. When everything associated with homosexuality is treated as bent, queer, repugnant, the whole gay and lesbian community is marked with deviance and perversity. They are subject to extensive prejudice because what they are or what they are …
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… The fact is that these sexual acts which are criminalised are associated more closely with one class of persons, namely, the homosexuals as a class. Section 377 Indian Penal Code has the effect of viewing all gay men as criminals. When everything associated with homosexuality is treated as bent, queer, repugnant, the whole gay and lesbian community is marked with deviance and perversity. They are subject to extensive prejudice because what they are or what they are …
Questions about Section 377
What have the courts held on Section 377 of the Indian Penal Code?
Navtej Singh Johar vs Union of India Ministry of Law and Justice Secretary (06 Sep 2018) is the leading judgment on this section among those set out below: Core provision under challenge - criminalizes carnal intercourse against the order of nature. Court read it down to exclude consensual acts between adults in private. Another 6 judgments on this section are set out below, 6 of them from the Supreme Court. They run from 2009 to 2024.
How do I find court cases under Section 377 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 377, section 377 IPC, section 377 of the Indian Penal Code. People searching for it also type ipc 377 in bns and ipc 377 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 7 reported judgments on this section are set out on this page, beginning with Navtej Singh Johar vs Union of India Ministry of Law and Justice Secretary (06 Sep 2018).
What should I read with Section 377 of the Indian Penal Code, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 377 of the Indian Penal Code come into force?
Section 377 of the Indian Penal Code, cited as IPC 377, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.