Adultery, Section 377 dropped in proposed new IPC overhaul
The Centre introduced three bills in the Lok Sabha on Friday to revamp the legal framework of India's criminal justice system. The three bills, Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Bill 2023, seek to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act (IEA), respectively. The proposed changes include scrapping IPC Section 377.
Centre's proposition on IPC Section 377
In a major pitch, the central government proposed to drop Section 377 of the IPC. According to Live Law, the proposed law envisions no punishment for "unnatural" sexual offenses against a male as it describes sexual offenses like rape as an act by a male against a female or a minor. Notably, sexual offenses against men are currently covered under this Section 377.
All about IPC Section 377
As per IPC Section 377, "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." On the other hand, the new bill also omitted the provision for adultery.
Section 69 of Bharatiya Nyaya Sanhita Bill
Meanwhile, the central government also proposed under Section 69 of the Bharatiya Nyaya Sanhita Bill to criminalize marrying a woman by "suppressing identity" or having sex under the pretext of employment, promotion, and marriage. Furthermore, the Centre also made the crime of voyeurism gender-neutral and punishable by three to seven years in its IPC revamp proposition.
What Amit Shah said on Bharatiya Nyaya Sanhita Bill
Introducing the Bharatiya Nyaya Sanhita Bill in Lok Sabha, Home Affairs Minister Amit Shah said, "Crime against women and many social problems faced by them have been addressed in this bill." "For the first time, intercourse with women under the false promise of marriage, employment, promotion and false identity will amount to a crime," PTI quoted the Bharatiya Janata Party (BJP) leader as saying.
Lawyer reactions to proposed bill
Regarding the proposed bill and scrapping of Section 377, lawyer Niharika Karanjawala Misra stated that the law should be fair and wide-ranging. "What you're leaving is a situation where, under no circumstances, can a male ever claim to have been sexually assaulted. You are leaving aside a large section of potential victims," news outlet India Today quoted Misra as saying.
