"Unnatural offences" is defined in which of the following sections of the Indian Penal Code? 

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UP Police SI (दरोगा) Official PYP (Held On: 23 Nov 2021 Shift 1)
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  1. Section 377
  2. Section 163
  3. Section 173
  4. Section 279

Answer (Detailed Solution Below)

Option 1 : Section 377
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The correct answer is Section 377.

Key Points

  • Section 377 of the Indian Penal Code (IPC) criminalized "unnatural offences," which included sexual acts "against the order of nature."
  • The section was introduced in 1861 during British colonial rule in India.
  • It specifically dealt with consensual and non-consensual sexual acts, including those between same-sex individuals.
  • In a landmark ruling on 6 September 2018, the Supreme Court of India decriminalized consensual homosexual acts by partially striking down Section 377.
  • The judgment in the case of Navtej Singh Johar v. Union of India upheld the rights to equality, dignity, and privacy for LGBTQ+ individuals.

Additional Information

  • Indian Penal Code (IPC):
    • The IPC is the official criminal code of India, established in 1860.
    • It defines various crimes and prescribes their punishments under Indian law.
  • Navtej Singh Johar v. Union of India:
    • This 2018 Supreme Court verdict partially struck down Section 377, decriminalizing consensual same-sex relationships among adults.
    • The judgment emphasized constitutional values such as liberty, equality, and fraternity.
  • Right to Privacy:
    • The landmark Puttaswamy judgment (2017) recognized the Right to Privacy as a fundamental right under Article 21 of the Indian Constitution.
    • This played a pivotal role in the decriminalization of consensual homosexual acts under Section 377.
  • LGBTQ+ Rights in India:
    • The 2018 judgment was a significant step toward equality for the LGBTQ+ community in India.
    • It inspired further discussions on issues such as same-sex marriage, anti-discrimination laws, and adoption rights.
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