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Intellectual Property: Registration and Effects
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Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
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Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
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Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
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Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Adv. Kishan Dutt Kalaskar
Date:03 December 2021
Criminal
Comments:0
Views:896
Likes:0Unnatural Offence is an act or behaviour to commit a crime that is contrary to what is considered a natural offence. Section 377 of the IPC deals with the unnatural offences that state that “whoever voluntarily has carnal intercourse against the order of nature with any woman, man, or animal, shall be punished with life imprisonment or with the imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.” According to the interpretation in this section, penetration is enough to constitute carnal intercourse. This section refers to the English law[1] offences of sodomy and bestiality. Consent is immaterial in the cases of unnatural offences, as the text of this clause indicates, and the party consenting would be accountable as an abettor. This section is intentionally unclear since it is impossible to determine what goes against nature’s order.
The Buggery Act of 1533 is the source of Section 377 of the Indian Penal Code. This law has never been modified by Parliament since it was enacted until recently. This rule was founded on Judeo-Christian moral and ethical principles, which views sex to be merely functional, i.e. for procreation, and therefore believe homosexuality to be unnatural and against nature’s order. The functional basis is mentioned to identify what is natural, which indicates that every organ in the body has a certain role in fulfilling, and using that organ for a reason other than that function is unnatural.[2] As a result, any sex other than penile-vaginal will be deemed unnatural. Anything else than procreative sex is deemed abnormal using the same premise.
In the case of Khanu v. Emperor,[3] the court held that the major object of carnal intercourse is that there should be possibility of conception of human beings, which in the case of sexual intercourse by inserting penis in the mouth is impossible.
Constitutional Validity of Section 377
In the case of Naz Foundation v Government of Delhi & Ors,[4] the constitutional validity of section 377 was challenged in the Delhi High Court. It was alleged in this case that section 377 violated the basic rights provided in Articles 14, 15, 19, and 21 of the Constitution by including consensual sexual intercourse between two adults in private. It was further argued that Article 21 could only be limited if there is a compelling state interest, which is not present in this case.[5] The petitioner further claimed that section 377’s legislative intent is based on outdated stereotypes with no historical or logical support. In this case, the two wings of the Union of India had filed wholly opposing affidavits. The Ministry of Home Affairs attempted to explain the act’s continued existence by citing public health, public disapproval, and social revulsion. On the other hand, the Ministry of Health and Family Welfare backed the petitioners’ contention, claiming that presence of section 377 in the statute book inhibited HIV/AIDS prevention efforts and that its removal would aid in the treatment of homosexuals with HIV/AIDS.
The Ministry of Home Affairs’ argument that popular morality or public disapproval cannot be a valid ground for curtailing the right under Articles 14 and 21 was rejected by the Delhi High Court. According to the court, the only kind of morality that can pass the test of compelling state interest is constitutional morality and not public morality. The constitutional morality is violated by Section 377 of the IPC, which criminalizes homosexuals solely on the basis of their sexual orientation. The court accepted all of the petitioners’ arguments and found section 377 extra vires, which made it illegal for adults to engage in consenting sexual acts in private. The court also held that the provisions of section 377 would continue to apply to adolescents who engage in non-consensual penile and non-vaginal intercourse.
In the case of Suresh Kumar Koushal and others v. Naz Foundation & others[6], religious entities and individuals including the All India Muslim Personal Law Board, the Apostolic Churches Alliance, and the Utkal Christian Council appealed the Delhi High Court’s judgement in the Supreme Court. They contended that the legislature adopted section 377 to defend societal values and morals. Therefore the Supreme Court agreed with this argument and overturned the High Court’s decision.
The apex court had also declared in the case of Navtez Singh Johar v. UOI[7] that consenting adult gay sex is not a crime and that Articles 14 and 21 of the Indian Constitution contradict Section 377’s current interpretation.
Applicability of the section in today’s times
Section 377 IPC still applies to sex with minors, non-consensual sexual acts, and bestiality, with the exception of gay sex. Now, unnatural sexual assault with a female has been classified as rape, and sexual assault with a minor, whether male or female, is subject to the POCSO legislation.
There is a common misconception that Section 377 has been repealed. Section 377 has been toned down to the point where sexual behaviour of any kind among consenting people is no longer illegal. There is a need for people, both men and women, to recognize their rights that non-consensual sexual behaviour in adults, as well as all sexual conduct with minors or animals without their agreement, is still illegal.[8] Most often, cases of unnatural sex between husband and wife, the wife being a victim of the heinous crime without her consent, there are situations where the wife cannot bring herself to report the crime and suffer in silence as these kind of issues are still a taboo in the society.
Under section 377 of the IPC, a wife can file a prosecution against her husband for unnatural sexual offences.[9] Because the section punishes sexual intercourse outside the natural order regardless of an individual’s sexual orientation or gender identity, such actions can be prosecuted under section 377 even if they are committed by heterosexual couples. Furthermore, the criminal can be penalized under this clause even if the victim agreed to the act (regardless of age). The victim’s permission is irrelevant to the application of section 377, and a criminal act cannot be justified by the victim’s assent.[10]
The Punjab and Haryana High court stated in the case of State of Haryana v. Raj Kumar that it is easy to level such allegations but even more difficult to prove and, therefore, courts will always have to be cautious while dealing with such allegations. The division bench of justices MMS Bedi and Hari Pal Verma said that on the basis of the evidence presented, the allegations are corroborated by other circumstances to show that one of the spouses has indulged in unnatural acts, and therefore the marriage can be dissolved by a decree of divorce.
Conclusion
This legislation is both beneficial and vulnerable to abuse. While marital rape is not a crime in India, through this section, Indian women will have a mechanism to have their husbands penalized if they perform unnatural sexual actions on them. This section will serve as a tool in the hands of Indian wives who suffer at the hands of their abusive husbands. Section 377, on the other hand, has a lot of room for abuse because consent isn’t a criterion to determine whether or not it should be used. Therefore, the complainant’s permission to do the unnatural sexual act would not be enough to keep the perpetrator out of jail. With changing times and changing laws, it is essential that people start acting out towards the wrong being done to them, and therefore it is essential that they know what can be done and what help they can get from the law.
[1] PSA Pillai, Criminal Law 714(11th ed. Lexis Nexis. 2012) 714.
[2] See Burton Leiser, Homosexuality and the Unnaturalness Argument in SEX, MORALITY AND THE LAW 44 (Gruen & Panichas eds., 1996)
[3] Khanu v. Emperor, AIR 1925 Sind 286
[4] Naz Foundation v. Govt. of NCT, 2010 CrLJ 94.
[5] KD Gaur , Indian Penal Code 618(3rd ed. Universal Law Publ’g co pvt ltd. 2013).
[6] Suresh Kumar Koushal v. NAZ Foundation, AIR 2014 SC 563.
[7] http://recentscientific.com/unnatural-sexual-offences-and-its-current-legal-status-india%E2%80%93-review-literature
[8] https://www.thequint.com/news/india/sec-377-applicable-under-what-circumstances
[9] https://www.hindustantimes.com/punjab/forcible-unnatural-sex-in-marriage-is-cruelty-hence-a-ground-for-divorce-hc/story-Iga7sgtia5KQy4C436KPmL.html.
[10] https://bnblegal.com/article/unnatural-offences/.
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