Unnatural Offences: A Comparative Analysis With Special Reference To UK And USA

Beehu Sawhney, Symbiosis Law School, Hyderabad

Introduction

The term “unnatural” indicates something that is against the normal course of nature. It is an act which is not in line with accepted norms of conduct according to society. Unnatural offences under Section 377 of the Indian Penal Code of 1860 states that, “whoever voluntarily has carnal inter- course 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.”

The term “against the order of nature” includes all those sexual acts that are not normal carnal intercourse between a man and a woman. The courts interpreted This term broadly, and its meaning and scope has changed over the years. There are mainly two types of unnatural sexual acts that are covered under Sec 377, i.e. sodomy and bestiality.

The act of sodomy involves coitus that takes place between one human being with another human being, either through the anus or orally. This is not limited to only heterosexual relations and includes even between two human beings of the same sex. The term bestiality involves sexual intercourse between a human being and an animal. This offence applies to women as well as men. The offences under Sec 377 are considered serious offences, as it is a cognizable, non-bailable offence that is punishable with imprisonment for life or imprisonment for a term which may extend to 10 years along with a fine.