A Public Interest Litigation (PIL) has been submitted to the Delhi High Court, challenging the omission of a provision in the Bhartiya Nyaya Sanhita (BNS) that addresses the punishment for non-consensual sodomy or other unnatural sexual acts involving any person, regardless of gender.

The PIL was brought before the bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, who have agreed to list the matter for hearing on Tuesday.

Section 377 of the Indian Penal Code previously stipulated life imprisonment or a ten-year jail term for anyone voluntarily engaging in "carnal intercourse against the order of nature" with any man, woman, or animal.

In the landmark judgment of Navtej Singh Johar, the Supreme Court decriminalized consensual sexual acts under Section 377 of the IPC. The Court held that criminalizing consensual relationships between adults violated their fundamental rights, particularly the rights to privacy, dignity, and equality.

“The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercourse against minors, and acts of bestiality”. Hence the BNS replaced IPC in July 2024 there is no provision criminalizing non-consensual acts of “unnatural sex” under the BNS. Experts point out that no provision exists to address cases where a man or transgender person is subjected to rape.