Section 377, IPC reads 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.”
- Against her will.
- Without her consent.
- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
- With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
- With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. STATE AMENDMENT
Consent to indulge in unnatural sex is “immaterial”, a Delhi court has held while convicting a man of raping and committing unnatural act with a woman on the false promise of marriage, despite he being already married.
“The consent is immaterial so far as carnal intercourse against the order of nature between a man and a woman is concerned and therefore, every act of unnatural sex committed by the accused with the prosecutrix is an offence under section 377 (unnatural offences) of the IPC,” the court said.