What is 377 law in India?

Asked by: Miss Sheila Hettinger  |  Last update: April 4, 2026
Score: 4.3/5 (9 votes)

Section 377 of India's colonial-era Indian Penal Code criminalized "unnatural offences," including consensual same-sex relations, but the Supreme Court of Indiahttps://www.hrc.org/press-releases/india-supreme-court-overturns-colonial-era-law-criminalizing-same-sex-relat decriminalized it for consenting adults in 2018, finding it violated fundamental rights. While the law's core provision for consensual adult same-sex acts was struck down, it still technically covers non-consensual acts and bestiality, though a new law (Bharatiya Nyaya Sanhita) recently repealed it entirely, creating legal gaps.

What is the 377 law in India?

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1 [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.

Why was Section 377 challenged in India?

The Court ruled that Section 377 was unconstitutional based on principles of equality and non-discrimination, and that it violated basic privacy rights. Section 377 was first codified in the Indian Constitution in 1861 by the British government.

Who decriminalized homosexuality?

Via military occupation or emulation of the French criminal code, the Scandinavian countries, Spain, the Netherlands, Portugal, Belgium, Japan, and their colonies and territories—including much of Latin America—decriminalized homosexuality.

What is the rule 377?

Existing provision In case of matters raised under Rule 377 in the Lok Sabha, if a member who had raised the matter resigns his seat in the House or passes away, reply to such matters stating the factual position will be sent by the department to the Lok Sabha Secretariat under intimation to the Ministry of ...

Unnatural sex by husband with wife not offence under Section 377 IPC | Section 375 IPC

19 related questions found

Did Hinduism support LGBTQ?

The Hindu American Foundation, in its policy brief on Hindus and Homosexuality, notes that Hinduism does not provide a fundamental spiritual reason to reject or ostracize LGBTQ+ individuals, and that, “Given their inherent spiritual equality, Hindus should not socially ostracize LGBT individuals, but should accept them ...

What was the punishment under Section 377?

Description. 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.

Is LGBTQ law passed in India?

There are no legal restrictions on sex between men or between women. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common-law marriage, same-sex marriage, civil union or unregistered cohabitation.

Do Indians accept LGBTQ?

The majority of Indian society is still conservative, and while most travelers will have a welcoming and hospitable experience, discretion is still advised for LGBTQIA+ travelers, particularly in more remote towns and villages which may be more conservative.

What percentage of India is LGBTQ?

The report shows that 17% of the Indian population identify as non-heterosexual: 3% identify as gay or lesbian, 9% identify as bisexual, 1% identify as pansexual, and 2% identify as asexual (the remaining 2% as "other"). 69% identified as heterosexual (excluding 'do not know', and 'prefer not to answer').

When did LGBTQ start in India?

It was August 11, 1992. Outside the police headquarters in the ITO area of Delhi, the first known protest for gay rights in India was being held.

Is 377 IPC between husband and wife?

23. Therefore, the Court held that Section 377 of IPC should not apply to consensual sexual acts between adults, whether heterosexual or homosexual, as doing so would violate their right to equality under Article 14. implied by virtue of marriage.

What religions don't support LGBTQ?

Many religions, including Roman Catholicism, Eastern Orthodoxy, conservative Protestant denominations (like Southern Baptists, some Lutherans, Methodists, Pentecostals, and Evangelicals), and Islam, generally do not support LGBTQ+ identities or same-sex sexual activity, viewing them as sinful or against religious doctrine, with views ranging from condemnation to exclusion. Other faiths like Jehovah's Witnesses, Mormonism, and some traditional Hinduism and Buddhism perspectives also often discourage or prohibit LGBTQ+ practices, though interpretations vary widely within these faiths. 

What does Krishna say about LGBTQ?

Hare Krishna views of homosexuality, and especially the view of the International Society for Krishna Consciousness (ISKCON) towards LGBTQ issues, are similar to their views of heterosexual relationships, i.e. because the living entity is identifying with the body, any attraction based on the desire to gratify the body ...

Can wife touch husband's feet in Hinduism?

According to tradition, when a wife touches her husband's feet, it symbolizes respect, devotion, and gratitude. This simple act is believed to strengthen the bond, bring harmony, and invite positive energy into the relationship. It also signifies blessings for a happy and prosperous married life.

What religion is most accepting of gays?

Unitarian Universalism, the United Church of Christ, and Metropolitan Community Churches are consistently ranked among the most affirming for LGBTQ+ individuals, with long histories of welcoming, ordaining LGBTQ+ clergy, and performing same-sex marriages, alongside denominations like the Episcopal Church, Reform Judaism, Evangelical Lutheran Church in America (ELCA), and Presbyterian Church (USA) also adopting fully inclusive policies in recent decades. Many Buddhist, Hindu, and non-denominational groups also show high levels of acceptance. 

Which country is 100% atheist?

A 2023 Gallup International survey found that Sweden was the country with the highest percentage of citizens that stated they do not believe in a god. In 2020, the majority (78%) of the global nonreligious or unaffiliated demographic resided in Asia-Pacific.

Who challenged Section 377 in India?

The petition, filed by dancer Navtej Singh Johar, challenged Section 377 of the Penal Code on the ground that it violated the constitutional rights to privacy, freedom of expression, equality, human dignity and protection from discrimination.

Can a wife give evidence against her husband?

Also known as the marital privilege, it protects communications privately disclosed between a husband and wife. Either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.

What happens if there is no physical relationship between husband and wife?

Over time, while love remains, the intensity of that passion can wane, and some may find themselves in a marriage without sexual intimacy. A sexless marriage can lead to divorce, especially if only one partner is uninterested in or withholding physical intimacy from the other and is unwilling to work through it.

Which Indian state has the most LGBTQ?

Delhi and Mumbai are the two largest cities with the most LGBTQ+ happenings, while the more coastal state of Goa is known for its beach and party vibe along the Arabian Sea. The capital of Delhi is huge and hectic, yet exciting and exuberant, as old world culture clashes with modern-day style.

Is article 377 removed in India?

In 2018, after decades of grassroots activism, the application of section 377 of the Indian Penal Code to private consensual sex between men was ruled unconstitutional by India's Supreme Court, effectively decriminalizing homosexual activity.

Which state has the highest number of gays?

California has the largest total number of LGBTQ+ adults, but states like Washington D.C., Oregon, Delaware, Vermont, and New Hampshire have higher percentages (proportions) of LGBTQ+ residents in their populations, according to studies by the Williams Institute. The South, however, is the region with the largest share of the total LGBTQ+ population in the U.S.
 

What is the third gender law in India?

in 2014, the Supreme Court identified the rights of the transgender community as a “third gender”. This case paved the way for transgender persons with the right to choose their gender identity and live their life with dignity.