Delhi HC restores plea on absence of IPC Section 377-like provision in BNS, Pg1

Key Highlights:

• The Delhi High Court will consider a PIL seeking penal provisions in criminal law for non-consensual unnatural sex, similar to the former IPC Section 377.
• The petition was filed by Gantavya Gulati, highlighting a legal gap in the Bharatiya Nyaya Sanhita (BNS).
• The court restored the petition, which was earlier disposed of in August 2024, directing the Centre to decide on the representation.
• The court has requested an affidavit from the Central government detailing the steps taken to address the issue.

Detailed Insights:

• The petition emphasizes that the BNS, which replaced the IPC on July 1, 2024, lacks a provision equivalent to Section 377, potentially leaving LGBTQ+ individuals without legal recourse against specific sexual assaults.
• Previously, Section 377 applied to non-consensual acts, offenses involving minors, and bestiality, even after the Supreme Court decriminalized consensual same-sex relations.
• The petitioner argues that the absence of a similar provision in the BNS creates a protection gap, including cases of alleged sexual assault between men, necessitating legislative action.
• The Central government acknowledges the sensitivity of the issue and has invited input from stakeholders.

Key Concepts Involved:

• Public Interest Litigation (PIL): A lawsuit filed in the public interest, seeking judicial intervention for matters affecting society.
• Bharatiya Nyaya Sanhita (BNS): The new criminal code of India, replacing the Indian Penal Code (IPC).
• Section 377 IPC: A former provision of the Indian Penal Code criminalizing "unnatural offences".