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Unnatural Offences : Section 377 Of Ipc

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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.

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