
Indian Penal Code, 1860
Unnatural offences.—
Section
377
Punishment
Life Imprisonment or Imprisonment up to Ten Year(s) + Fine
Cognizable
Cognizable
Bailable
Non-bailable
Compoundable
Non-Compoundable (Refer to CrPC 320 for exceptions)
Trial Court
Court of Session
Bare Act Text
377. 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.Explanation.— Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.[ In Navtej Singh Johar v. Union of India 2018, the apex Court read down Section 377 of the IPC criminalising “unnatural sex” as being unconstitutional. The Court upheld the right to equal citizenship of all members of the LGBTQ community in India. Thus, it read down Section 377 to exclude consensual sexual relationships between adults, whether between same-sex individuals or otherwise. The Court decided that Section 377 constituted a violation of the right to dignity, privacy and sexual autonomy under Article 21, freedom of expression under Article 19, the right to equality under Article 14, and nondiscrimination under Article 15 of the Constitution. Section 377 will continue to apply to non-consensual sexual activity against adults, sexual acts against minors and bestiality. The five-judge bench of the Supreme Court overruled the Koushal decision (Suresh Kumar Koushal & Anr. v. Naz Foundation & Ors). It unanimously read down Section 377 and decriminalised same-sex relations between consenting adults. It applies to all citizens, and not just to the LGBT community. This judgment holds immense persuasive value for other nations which continue to criminalise homosexuality. (https:privacylibrary.ccgnlud.org/case/navtej-singh-johar-and-ors-vs-union-of-india-uoi-and-ors, https:indiankanoon.org/doc/168671544/)]
Part 1 – Of Theft
What is IPC Section 377 ?
According to the official bare act, this legal offense is defined as: 377. 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.Explanation.— Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.[ In Navtej Singh Johar v. Union of India 2018, the apex Court read down Section 377 of the IPC criminalising "unnatural sex" as being unconstitutional. The Court upheld the right to equal citizenship of all members of the LGBTQ community in India. Thus, it read down Section 377 to exclude consensual sexual relationships between adults, whether between same-sex individuals or otherwise. The Court decided that Section 377 constituted a violation of the right to dignity, privacy and sexual autonomy under Article 21, freedom of expression under Article 19, the right to equality under Article 14, and nondiscrimination under Article 15 of the Constitution. Section 377 will continue to apply to non-consensual sexual activity against adults, sexual acts against minors and bestiality. The five-judge bench of the Supreme Court overruled the Koushal decision (Suresh Kumar Koushal & Anr. v. Naz Foundation & Ors). It unanimously read down Section 377 and decriminalised same-sex relations between consenting adults. It applies to all citizens, and not just to the LGBT community. This judgment holds immense persuasive value for other nations which continue to criminalise homosexuality. (https:privacylibrary.ccgnlud.org/case/navtej-singh-johar-and-ors-vs-union-of-india-uoi-and-ors, https:indiankanoon.org/doc/168671544/)]
Part 1 – Of Theft
What is the punishment for Dhara 377 ?
The punishment for this specific offense is outlined under the law as: Life Imprisonment or Imprisonment up to Ten Year(s) + Fine
Is IPC 377 bailable or non-bailable?
Under the Indian Penal Code, this specific offense is classified as a Non-bailable offense.
Is Dhara 377 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try IPC 377 cases?
Cases pertaining to this specific IPC section are triable by the Court of Session.
Can IPC Section 377 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).

Disclaimer:
This article is for general legal information only and is not a substitute for professional legal advice. Please consult a qualified advocate for your specific case.
Pramod Pal Founder and Editor-in-Chief
Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.






















