Coitus Per OS and ‘Against the Order of Nature’: Section 377 of the Indian Penal Code, 1860

Abstract

The essential ingredient required to constitute an offence under Section 377 of the IPC is ‘carnal intercourse against the order of nature’, which is punishable with life imprisonment, or imprisonment of either description up to ten years. Section 377 of the IPC applies irrespective of gender, age, or consent. The expression ‘carnal intercourse’ used in Section 377 of the IPC is distinct from ‘sexual intercourse’ which appears in Section 375 of the IPC. The phrase ‘carnal intercourse against the order of nature’ is not defined by Section 377 of the IPC. Courts have interpreted the term ‘carnal’ to refer to acts which fall outside penile-vaginal intercourse, and those which are not for the purposes of procreation.