Rape and Sexual Assault on woman
A Paramedical student was gang raped in the South Vasant Vihar Area in a moving bus and thrown out on the road along with her badly beaten boyfriend. Around five to seven men in the bus, including the driver and conductor, allegedly misbehaved with the woman. When the boyfriend intervened, he was beaten up. She was then sexually assaulted in the moving bus.
A 14-year-old girl was allegedly raped by her brother and his friend over the last two years. The girl had also been taken to various places in Karnataka and raped. In another case, a six-year-old girl was allegedly sexually abused by her 40-year-old father for six months after she was forced to drink alcohol.
In a bizarre crime, a youth attempted to rape a 12-year-old girl inside her house in the presence of her two sisters and grandfather in Alwar’s Govindgarh area. However, when he failed in the bid, he returned two days later and set the girl on fire. The girl is now battling for life in hospital.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
Explanation I — When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be
used for the purpose of prostitution.
Explanation II — For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasimarital relation.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
Explanation I — Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation II — "Illicit intercourse" has the same meaning as in section 372.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
375. Rape —
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
First — Against her will.
Secondly — Without her consent.
Thirdly — 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.
Fourthly — 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.
Fifthly — 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.
Sixthly — 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
Union Territory of Manipur:
(a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and
(b) in the Exception, for the word "fifteen" substitute the word "thirteen". Vide Act 30 of 1950.
COMMENTS
Mere absence of spermatozoa cannot cast a doubt on the correctness of the prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.
376. Punishment for rape —
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever,—
(a) being a police officer commits rape—
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or
(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1 — Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.
Explanation 2 — "Women’s or children’s institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children.
Explanation 3 — "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for life or imprisonment for ten years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for two years or fine or both—Non- Cognizable—Bailable—Triable by Court of Session—Non-compoundable.
Comments
(i) Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).
(ii) If a woman meekly submits to sexual intercourse it would be a case of consent; State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).
(iii) Normally a woman would not falsely implicate for the offence of rape at the cost of her character. In Indian society, it is very unusual that a lady with a view to implicate a person would go to the extent of stating that she was raped; Madan Lal v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP).
(iv) When the prosecutrix is a minor aged below 16 years, the question of her being a consenting party to the sexual intercourse does not arise or is of no consequence; Naresh v. State of Haryana, (1997) 2 Crimes 587 (P & H).
376A. Intercourse by a man with his wife during separation.—
Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for two years and fine—Non cognizable—Bailable— Triable by Court of Session.—Non-compoundable.
376B. Intercourse by public servant with woman in his custody —
Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.
376C. Intercourse by superintendent of jail, remand home, etc.—
Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation 1 — "Superintendent" in relation to jail, remand home or other place of custody or a women’s or children’s institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.
Explanation 2 — The expression "women’s or children’s institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.
376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital —
Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation —The expression "hospital" shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.
Of Unnatural Offences
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.
CLASSIFICATION OF OFFENCE
Let us look after remarkable case of sexual assault in India on 2012:
1. Date: 16/12/2012 Place: South Delhi
A Paramedical student was gang raped in the South Vasant Vihar Area in a moving bus and thrown out on the road along with her badly beaten boyfriend. Around five to seven men in the bus, including the driver and conductor, allegedly misbehaved with the woman. When the boyfriend intervened, he was beaten up. She was then sexually assaulted in the moving bus.
2. Date: 16/12/2012 Place: Kasaragod, Kerala
A 14-year-old girl was allegedly raped by her brother and his friend over the last two years. The girl had also been taken to various places in Karnataka and raped. In another case, a six-year-old girl was allegedly sexually abused by her 40-year-old father for six months after she was forced to drink alcohol.
3. Date: 11/12/2012 Place: Alwar
In a bizarre crime, a youth attempted to rape a 12-year-old girl inside her house in the presence of her two sisters and grandfather in Alwar’s Govindgarh area. However, when he failed in the bid, he returned two days later and set the girl on fire. The girl is now battling for life in hospital.
4. Date: 16/10/2012 Place: West Delhi
A 16-year-old girl was raped by a transport company owner in west Delhi last Sunday when she met him for a job. Police said the Class VIII dropout was sexually assaulted by Chanra Mohan Kashyap at his office in Punjabi Bagh even as her mother waited outside.5. Date: 29/08/2012 Place: Hyderabad
A seventeen-month-old baby was allegedly raped by two men at Hafiz Babanagar area of Old City of Hyderabad. The incident came to light when a rape case was registered by Kanchanbagh police against two men hailing from Kolkata. Complaints were lodged against 40-year old Mansoor and 28-year-old Hasan, who were staying at a rented house in Omer Colony.6. Date: 19/07/2012 Place:Indore
A brutal tale of a mechanic was reported in Indore, who pierced the genitals of his wife and inserted a lock there in order to prevent her from having an affair is such a barbaric act that it belies the fact that we’re living in the 21st century. The mechanic, Sohan Lal, was later arrested.
7. Date: 09/07/2012 Place: Guwahati
On the late hours on GS Road, a teenage girl was allegedly molested and manhandled by a crowd of approximately 30 people outside a bar, many of whom were subsequently arrested based on video footage of the event. Although the girl tried breaking away and asking for help, she was dragged back twice into the mob and abused further. The case caused uproar in the national and local media right after the video was aired by News Live, going viral on YouTube and provoking debates about the safety of women and human rights in India.By 20 July 2012, 12 of the 22 accused were arrested8. Date: 05/07/2012 Place: Madhya Pradesh
A 20-year-old woman’s husband, his relatives and neighbors repeatedly raped her while she was confined to a cowshed in a village in Madhya Pradesh’s Sagar district for three years as her family couldn’t meet her in-laws’ dowry demands. She was later sold to a moneylender in May.
9. Date: 20/06/2012 Place: New Delhi
The Delhi police arrested French consulate official Pascal Mazurier on charges of raping his four-year-old daughter after dithering for five days on a complaint filed by his wife. The 39-year-old deputy head of chancery was produced before a magistrate, who remanded him in judicial custody for 14 days as the French embassy in Delhi declined to step in and defend him.
10. Date: 27/02/2012 Place: Noid
In a yet brutal assault on a girl in a moving car, a 17-year-old class X student of a city public school was allegedly gang raped by five of her neighbors as they drove around Noida in their i10. More shockingly Police not only let out personal details about the minor victim at a press conference , but also made tactless remarks about her character, declaring that she had been “willingly drinking vodka” with the boys to celebrate a birthday.
IPC 1860 Law for woman
354. Assault or criminal force to woman with intent to outrage her modesty
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable
366. Kidnapping, abducting or inducing woman to compel her marriage,
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid.
CLASSIFICATION OF OFFENCEPunishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
366A. Procuration of minor girl —
Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
372. Selling minor for purposes of prostitution, etc.—
Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.Explanation I — When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be
used for the purpose of prostitution.
Explanation II — For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasimarital relation.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.
373. Buying minor for purposes of prostitution, etc.—
Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation I — Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation II — "Illicit intercourse" has the same meaning as in section 372.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
375. Rape —
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
First — Against her will.
Secondly — Without her consent.
Thirdly — 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.
Fourthly — 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.
Fifthly — 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.
Sixthly — 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
Union Territory of Manipur:
(a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and
(b) in the Exception, for the word "fifteen" substitute the word "thirteen". Vide Act 30 of 1950.
COMMENTS
Mere absence of spermatozoa cannot cast a doubt on the correctness of the prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.
376. Punishment for rape —
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever,—
(a) being a police officer commits rape—
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or
(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1 — Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.
Explanation 2 — "Women’s or children’s institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children.
Explanation 3 — "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for life or imprisonment for ten years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for two years or fine or both—Non- Cognizable—Bailable—Triable by Court of Session—Non-compoundable.
Comments
(i) Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).
(ii) If a woman meekly submits to sexual intercourse it would be a case of consent; State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).
(iii) Normally a woman would not falsely implicate for the offence of rape at the cost of her character. In Indian society, it is very unusual that a lady with a view to implicate a person would go to the extent of stating that she was raped; Madan Lal v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP).
(iv) When the prosecutrix is a minor aged below 16 years, the question of her being a consenting party to the sexual intercourse does not arise or is of no consequence; Naresh v. State of Haryana, (1997) 2 Crimes 587 (P & H).
376A. Intercourse by a man with his wife during separation.—
Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for two years and fine—Non cognizable—Bailable— Triable by Court of Session.—Non-compoundable.
376B. Intercourse by public servant with woman in his custody —
Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.
376C. Intercourse by superintendent of jail, remand home, etc.—
Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation 1 — "Superintendent" in relation to jail, remand home or other place of custody or a women’s or children’s institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates.
Explanation 2 — The expression "women’s or children’s institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.
376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital —
Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation —The expression "hospital" shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for five years and fine—Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate)—Bailable—Triable by Court of Session—Non-compoundable.
Of Unnatural Offences
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.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable.
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