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IPC 377 vs BNS: Unnatural Offences — Navtej Johar & Decriminalisation (2024)
IPC Section 377 (Unnatural Offences) was read down by the Supreme Court in Navtej Singh Johar v. Union of India (2018). Consensual adult same-sex relations are now decriminalised. The BNS has no equivalent provision for consensual adult homosexual acts.
Legal Commentary
Section 377 was a direct import from the Offences Against the Person Act 1861 (English law), introduced by the British colonial administration. It remained on the books for 158 years and was used to criminalise, harass, and extort LGBTQ+ persons. The Supreme Court's journey on Section 377 was turbulent: the Delhi High Court's Naz Foundation judgment (2009) first decriminalised consensual adult same-sex acts; the Supreme Court in Suresh Kumar Koushal (2013) reversed this; and finally Navtej Singh Johar (2018) overruled Koushal and established that Section 377's criminalisation of consensual adult same-sex acts violated Articles 14 (equality), 15 (non-discrimination on sex), 19 (free expression of identity), and 21 (dignity and privacy). The BNS's complete omission of Section 377 for consensual adult acts converts this judicial decriminalisation into a legislative one.
Explanation
IPC Section 377 (Unnatural Offences) was read down by the Supreme Court in Navtej Singh Johar v. Union of India (2018). Consensual adult same-sex relations are now decriminalised. The BNS has no equivalent provision for consensual adult homosexual acts.
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