Delhi High Court Urges Centre to Address Legal Void in New Penal Code

The Delhi High Court has asked the Centre to clarify the exclusion of penal provisions for non-consensual unnatural sex and sodomy in the Bhartiya Nyay Sanhita (BNS), which replaced the Indian Penal Code. A PIL highlights the legal gap affecting especially the LGBTQ community due to the repeal of section 377.

The Delhi High Court on Tuesday urged the Centre to clarify its position on the exclusion of penal provisions for non-consensual unnatural sex and sodomy from the Bhartiya Nyay Sanhita (BNS), which has replaced the Indian Penal Code (IPC). The court stressed the need for legislative action on the matter.

'Where is that provision? There is no provision at all...if it is obliterated, then it is not an offence,' Acting Chief Justice Manmohan observed. The bench emphasized the legislature needs to address non-consensual unnatural sex.

The court has granted the Centre until August 28 to provide instructions on the issue while hearing Gantavya Gulati's PIL, which raises concerns about legal protections for the LGBTQ community following the repeal of section 377 of IPC in the new BNS.

(With inputs from agencies.)