III. UNNATURAL OFFENCES: SECTION 377 OF IPC ‘Unnatural’ sexual offence is a consensual sexual act between its players, active or passive. Section 377 of IPC prohibits a consensual homosexual act between two adults even if it is done in private. Roots of this section are biblical and based on the principle that sexual activity is for procreation only. Any sexual act, therefore, not fitting that role is considered unnatural and against the order of nature.
3.1 Legislative paradigm Section 377 IPC deals with unnatural carnal intercourse against the order of nature. It consists of penetration per anus. Consent of the parties here is immaterial and the party consenting is equally liable as an abettor.
The unnatural offences discussed under this section are:
i. Sodomy, and ii. Bestiality
Sodomy: The word sodomy generally connotes to intercourse per anum by a man with a man or a woman. Sodomy may either be homosexual or heterosexual. Consent is not a defense to the charge under this section.
Bestiality: Bestiality means the sexual intercourse either by man or by woman carried out in a way with a beast (animal) or a bird. This section is gender neutral and is applicable on women as well. However, this section is not attracted if the act is done either by a man or a woman with an inanimate object. It is important to note a few distinct aspect of unnatural offence criminalized under Section 377 IPC.
First, it is a consensual sexual act between its players, active or passive.
The unlawful performing of sexual acts involving body penetration by a person against the will or consent of another living being.
2) What is the Intercourse Act and how does the Americans treat the Indian peoples?
Marital rape: When rape occurs within a marriage. This is not yet recognised in Indian law.
Consent, the sole factor that determines whether an act of sexual intercourse is considered as
In 2012, the consorting offence was placed under division 7 of the Part 3A of Crimes Act thus effectively repealing section 546A. Currently consorting attracts a fine of 150 penalty units and or a 3 year imprisonment term. The new law does not provide a time limit under section 93x of the Crimes Act as compared to the six month limit stipulated under section 546A. Under section 93x, a person guilty of the offence must have habitually consorted with at “least two offenders convicted of indictable crimes on at least two occasions .” One of the consorting occasions must have been after receiving an official warning from the police on the each of the offenders. The police warning provides information on: a) that the person one is associating
Homosexuality: Homosexuality is sexual exchanges between members of the same sex which maybe voluntary or involuntary. Many men and women are lured into traps that are set by more experienced inmates.
This is involving any individual in sexual activities which they do not understand, have not given consent to or which violate the sexual taboos of family custom and practice.
Under these circumstances, my client was misunderstood as she was in a different state of mind and doesn’t deserve the severity of these punishments including larceny under section 117 carrying a maximum sentence of five years imprisonment, common assault under section 61 carrying a maximum of sentence of two years imprisonment and resisting arrest, under section 58 carrying a maximum sentence of five years imprisonment.
What an inchoate offense is a type of crime completed by taking a punishable step towards the commission of another crime. The basic inchoate offenses are attempt, solicitation, and conspiracy. The crime allegedly intended is called the target offense. Except for conspiracy, inchoate offenses merge into the target crime. This means that if the defendant is prosecuted for the target crime, attempt and solicitation cannot be charged as well. However, both conspiracy to commit a crime and the crime itself may be charged as defined by Cornell University law library (2015). Failed or incomplete efforts to commit criminal misconduct. Also called preparatory or anticipatory crimes. Punished as crimes even though no major injury takes place (Roberson, 2012). Inchoate crimes merge only when directed to commission of the same crime. Inchoate crimes are typically treated as a lesser offense than the substantive crime. In a significant departure from common law tradition, the Code provides for punishment of the inchoate offenses at the same level as the substantive crime, with the exception of crimes that carry a maximum penalty of life imprisonment ("felonies of the first degree"). [MPC § 5.05(1)] A judge has the authority to dismiss a prosecution of an inchoate offense, or to impose a sentence for a crime of a lower degree than is otherwise allowed, if the defendant 's conduct was so inherently unlikely to result in a crime that neither he nor his conduct
What is homosexuality? Homosexuality is the sexual or romantic attraction between persons of the same gender. Nobody knows when the homosexuality started, but it is been there since a long years ago. Homosexual people are been having hard days through the years, because religions. Every year are more states around the world that are giving the same right to the homosexuals, and giving them opportunities to normal life. Discrimination against homosexual are one of the principal problems around the world, there are more problems about gay bullying, homophobia and discrimination. June 12, 2016 is named the worst massacre in the United States, because around 50 persons were killed in the club of Orlando, Florida. Homosexuality is the attraction
Rape is defined as unlawful intercourse or any other sexual penetration of the vagina, anus, or
The main issue that brought attention to this law was the Singh case, which demonstrates a man murdering his wife, with his first attempt of strangling her, and when that was not successful, he began to slit her throat with a Stanley knife. This degree of violence, alongside his sentencing gives the impression that the judiciary system, courts and parliament partially understood the idea that men should have the authority to violently retaliate to the words of women, which can potentially lead to death. The idea that women ask for violence through their words or actions, and the concept of ‘a crime of passion’ are very outdated, and display the values that societies held when women did not have the same amount of rights, respect and power in
Paraphilia's has been recorded throughout human history and societies have has different beliefs on them that carry on until today. Some can be harmless and only directly affect a person and their consenting partner, while others violate personal rights and even laws. Paraphilia’s are defined as " a condition characterized by abnormal sexual desires, typically involving extreme or dangerous activities." There are several different types of paraphilia’s, some of those include, necrophilia, frotteurism, sadomasochism, and zoophilia. Necrophilia is when a person engages in sexual intercourse with a corpse, frotteurism is when a man rubs
Lipman-Blumen’s definition introduces this “explicitly erotic sexual interaction” to signify homoeroticism. Homoeroticism is “erotic emotions centred on a person of the same sex” (Flood, 307). Flood omits any reference to homosexuality in his term (unlike Lipman-Blumen’s definition) but implies that homoeroticism may act as a secret desire “centred on a person”. This reinforces Thomas Gale’s term
Rape, or forcible sexual intercourse without consent from both parties, may involve physical violence, threats, and verbal abuse to intimidate and violate one person's body. Rape is considered a federal offense in the Western world. A perpetrator committed in the act of forcible intercourse is known as a rapist. According to the American Medical Association, rape