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IPC 1860REPEALED

Section 337-358

Hurt by Negligent Act; Wrongful Restraint; Wrongful Confinement; Criminal Force; Assault; Assault on Woman; Assault on Provocation; Kidnapping; Unnatural Offences

Replaced by: BNS BNS 126-166

Bailable / Non-Bailable (varies)Cognizable: VariesAny Magistrate
THE STATUTE

Original Text

Section 349: A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes any substance to come into contact with any part of that other's body, or with anything which that other is wearing or carrying... Section 351: Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Section 354: [Outraging modesty — already covered]. Section 355: Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 357: Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Section 377: 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.

Simplified

This cluster fills in the complete hurt/restraint/force/assault framework. Section 355 (assault to dishonour) punishes deliberate acts of humiliation using force — slapping someone to insult them in front of others, public humiliation through physical acts. Section 357 (assault in wrongful confinement attempt) covers the physical force used to unlawfully confine someone. Section 377 (unnatural offences) is the most controversial section in this cluster — it criminalised consensual same-sex relations until the Supreme Court's landmark judgment in Navtej Singh Johar v. Union of India (2018) read down Section 377 to decriminalise consensual adult same-sex acts. Section 377 now applies only to non-consensual acts and bestiality. The BNS does not include a provision equivalent to Section 377 — consensual adult homosexual relations remain decriminalised.

Legal Evolution

Navtej Singh Johar v. Union of India (2018) is India's landmark LGBTQ+ rights judgment. A five-judge constitutional bench unanimously read down Section 377 to decriminalise consensual adult same-sex relations. The IPC provision — a direct colonial import from English law (the Offences Against the Person Act 1861) — was used to prosecute and harass LGBTQ+ persons for 158 years.

Landmark Precedents

Navtej Singh Johar v. Union of India (2018)

(2018) 10 SCC 1
RELEVANCE

Historic five-judge constitutional bench judgment reading down Section 377 IPC — consensual adult same-sex relations are no longer criminal in India.

Practical Scenarios

"Non-consensual sexual acts — still criminal under BNS even after Section 377's reading down."
"Bestiality — remains criminal under applicable IPC/BNS provisions."
"Consensual adult same-sex relations — DECRIMINALISED, no longer an offence."

Common Queries

No — the Supreme Court in Navtej Singh Johar (2018) decriminalised consensual adult same-sex relations by reading down Section 377. BNS has no equivalent provision criminalising consensual adult homosexual acts.