Question

PRINCIPLE: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished.
FACTS: Two adult men were found engaged in carnal intercourse by the police. The police arrested the men and produced them before the Court.

• A. Court will punish the police officer who arrested men
• B. Court will not punish the men for they were adults
• C. Court will punish the men
• D. Court may be requested to declare the law unconstitutional

Answer 1

Answer: (C)

Court will punish the men

Principle makes having voluntary carnal intercourse with any man, woman or animal an Offence and punishable by Court of Law.

In the Facts even though the 2 adult men were having voluntary carnal intercourse will be punishable by Court of Law.

This principle is enshrined under the Section 377 of IPC which is now read down by the SC in Navtej singh Johar &Ors. v. Union of India.