GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

LOK SABHA

UNSTARRED QUESTION NO. 582

TO BE ANSWERED ON THE 25TH JUNE, 2019/ ASHADHA 4, 1941 (SAKA)

CASES UNDER SECTION 377

582. DR. SHASHI THAROOR:

Will the Minister of HOME AFFAIRS be pleased to state:

• whether the Ministry is aware that Section 377 of Indian Penal Code, 1860 was read down by the Supreme Court to hold that all sexual acts between two consenting adults is legal;

• whether the Ministry is aware that the ruling is applicable to all cases pending at the trial, appellate and revisional stages;

• the number of cases with charges under Section 377 for sexual acts between two consenting adults pending at the trial, appellate and revisional stages as on 6th September, 2018, State-wise;

• whether the Ministry has urged the States to withdraw cases under Section 377 which involve sexual act between two consenting adults;

• if so, the details thereof and if not, the reasons therefor; and

• the number of cases pending with charges under Section 377 for sexual acts between consenting adults at the trial, appellate and revisional stages as on date, State-wise?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) to (f):  In  the  Writ  Petition  (Criminal)  No.  76  of  2016,  the  Hon’ble

Supreme Court has decriminalized offences under section 377 of the

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L.S.US.Q.NO.582 FOR 25.06.2019

Indian Penal Code, so far as it penalizes any consensual sexual relationship between two adults. As per Article 141/142 of the Constitution, the law declared by the Supreme Court is binding on all Courts within the territory of India and enforceable throughout the territory of India. It is for the State Governments/UT Administrations concerned to consider withdrawal of such cases, following the due process of law.

National Crime Record Bureau (NCRB) compiles and publishes crime statistics in its publication ‘Crime in India’. The published reports are available till the year 2016. As per the information published by NCRB, State-wise details of the cases under Section 377 of IPC pending trial at the end of the year during the period 2014-2016 are enclosed at Annexure-I.

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ANNEXURE-I

L.S.US.Q.NO.582 FOR 25.06.2019

State/UT-wise Cases Pending Trial at the end of the year under Unnatural Offences (Section 377 IPC) during 2014-2016

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