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...1. Special leave limited to the question of sentence only.2. Appellant is convicted for having committed an offence under Section 377 IPC, in that he committed an unnatural...dismissed the revision in limine, observing that the case has been proved and the revision is without merits.3. The offence is one under Section 377 IPC, which implies sexual perversity. No...
...377 or 354 IPC and not as a sexual offence under Sections 375/376 IPC. It has been found that offences such as sexual abuse of minor children and women by penetration other than penile/vaginal...understood under Sections 375/376, have been treated as offences falling under Section 354 IPC as outraging the modesty of a woman or under Section 377 IPC as unnatural offences...offences falling under Section 354 IPC or 377 IPC, the very intent of the amendment of Section 376 IPC by incorporating sub-section (2)(f) therein is defeated. The said interpretation is also contrary...
...judicial pronouncements on Section 377 IPC
G.
The Constitution - an organic charter of progressive rights
H.
Transformative constitutionalism...and the rights of LGBT community
I.
Constitutional morality and Section 377 IPC
J.
Perspective of human dignity
K...IPC
P.
The litmus test for survival of Section 377 IPC
Q.
ConclusionsA. Introduction...
...of Section 377 of the Penal Code, 1860 (IPC) in the following terms: (DRJ p. 58, para 132)“132. We declare that Section 377 IPC, insofar...it criminalises consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution. The provisions of Section 377 IPC will continue to govern non-consensual penile...great deal of confusion. Secondly, we clarify that our judgment will not result in the reopening of criminal cases involving Section 377 IPC that have already attained finality...
...Section 511 and Section 377 IPC. He was sentenced to suffer rigorous imprisonments for three years, five years and seven years under Sections 363, 376/511 and 377 IPC respectively and to pay a fine of Rs...2000 under Section 363 and Rs 3000 each under Sections 376/511 and 377 IPC respectively.7. The appeal preferred by the appellant herein was dismissed by the High Court by...was filed against the appellant under Sections 363 and 376 of the Penal Code, 1860 but the same was altered to one under Sections 363, 376 read with Section 511 and Section 377 thereof...
....
5. Learned counsel for the petitioners would submit that offence under Section 377 of IPC is not made out as petitioner and respondent No. 2 are husband and wife. Along with charge sheet medical...assist the Court how the prosecution can establish the offence under Section 377 of IPC in case of husband and wife.
6. Before examining the contention of the respective...parties, it is apt for this Court to extract the Section 377 of IPC which is extracted herein-below for convenience.
7. Section 377 of IPC is extracted below...
...the appeal of the applicant and confirming his conviction under Section 377 IPC and sentence of six months RI and fine of Rs. 400/- passed by Metropolitan Magistrate Kanpur Nagar on 18.1.84 in Criminal...PW 2 who lodged the report of the occurrence at police station Juhi. On the basis of the report a case under Section 377 IPC was registered against the accused/applicant. The boy was sent for medical...punishable under Section 377 IPC. He denied the prosecution allegations and contended that he was falsely implicated.4. The prosecution in support of its case examined Deepak, PW 1, Bhag Chand...
...Judge in Sessions Case No. 83/2012 arising out of FIR No. 316/2012 registered under Sections 363/367/377 IPC at Police Station Sunlight Colony by which the appellant was held guilty for committing...offences punishable under Sections 367/377 IPC. By an order dated 07.02.2014, he was sentenced to undergo RI for five years with fine Rs. 21,000/- under Section 377 IPC and RI for two years with fine Rs...conviction and there is overwhelming evidence whereby the victim had identified the appellant to be the perpetrator of the crime, conviction under Sections 367/377 IPC is affirmed.5. The...
..., under Sections 304 & 377 IPC, Police Station Jaspur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and...-accused who has already been granted bail. It is submitted that the only addition is offence under Section
377 IPC.
4. Learned State Counsel would submit that...
the co-accused who has been granted bail. But, she would submit that there are allegations for the offence under Section 377 IPC also against the applicant.
5. Having...
...quashing of criminal proceedings pending before learned Additional District Judge, Bhadra, District Hanumangarh in Criminal Case No.SC 52/2022 for offences under Sections 498-A, 308/34, 377 IPC on the..., therefore, the criminal proceedings offence under Sections 498-A, 308/34, 377 IPC may be quashed on the basis of compromise.
Having considered the facts and circumstances of the...IPC can be quashed because it is the matrimonial matter, the criminal proceedings for offence under Section 498-A, 308/34, 377 IPC are liable to be quashed.
Accordingly, the present...
...validity of Section 377 of the Indian Penal Code, 1860 (IPC), which criminally penalizes what is described as “unnatural offences”, to the extent the said provision criminalises...consensual sexual acts between adults in private. The challenge is founded on the plea that Section 377 IPC, on account of it covering sexual acts between consenting adults in private infringes the...fundamental rights guaranteed under articles 14, 15, 19 & 21 of the constitution of india. Limiting their plea, the petitioners submit that Section 377 IPC should apply only to non-consensual penile...
...Petitioner seeks the concession of anticipatory bail in FIR No.40 dated 20.04.2017, under Section323, 354(A)(1), 452 IPC (later on Section 376 and 377 IPC have...Class, Sonepat. Thereafter, without any basis sections 376 and 377 IPC have been added. It is submitted that no such allegations were initially raised by the complainant, who is married having one...Section 164 Cr.P.C., was also recorded on 21.04.2017 and the petitioner was granted bail pending trial by the learned Magistrate on 13.06.2017. The factum of Sections 376 and 377 IPC being...
...sentence at least for the conviction under Section 304-A IPC to a conscionable level in exercise of its powers under Section 377 IPC.7. The High Court has failed to...Sentence provided under IPC MV Act
Sentence awarded
1.
Section 279 IPC
(Punishable with imprisonment of either descripion for a term which may...extend to six months or with fine which may extend to one thousand rupees or with both)
Fine of Rs 25 i/d to undergo SI for one week.
2.
Section 337 IPC...
...the applicant submitted that the injury report does not
support the case under section 377 IPC. It was further submitted that the
applicant has been falsely implicated only on account of enmity...view that the applicant has
made out a case for bail.
Let the applicant ARIF involved in the case crime no.377 of 2010 under
section 377 IPC, police station Gandhi Park, district Aligarh, be...
...dated 09.12.2010 of learned Additional Sessions Judge in Sessions Case No. 51/10 arising out of FIR No. 52/10 PS M.S.Park for committing offences under Sections 367/377 IPC. By an order dated...10.12.2010, the appellant was awarded RI for three years with fine ` 3,000/- under Section 367 IPC and RI for five years with fine ` 4,000/- under Section 377 IPC. Both the sentences were to operate...
...sentenced to pay a fine of Rs 10,000 and in default to suffer rigorous imprisonment for one year and for the offence punishable under Section 377 IPC, he was sentenced to suffer rigorous imprisonment...matched with the accused. The learned counsel submitted that the DNA profile conclusively indicates that the accused has committed the offence punishable under Section 377 IPC. The learned counsel...reports are at Exts. 35 and 38. After completing the investigation, the police charge-sheeted the accused for the offences punishable under Sections 302, 377 and 201 IPC.10...
..., who was tried for the offences under Sections 377 IPC and Section 3/4 of Prevention of Child From Sexual Offences Act, 2012 (hereinafter called as POCSO Act...offence under Section 377 IPC read with Section 3/4 of POCSO Act has been committed. The view formulated by the trial Judge from appreciation of evidence is possible. Hence, no...
...stated that co-accused Islam has been granted bail and main allegation for causing offence under Section 377 IPC is against co-accused. Looking to the aforesaid, accused-applicant may be enlarged on...on bail in FIR No.71/2009 registered at Police Station Sanganer for offence under Sections 323, 325, 342, 384, 365 and 377 IPC provided, he furnishes a personal bond in the...
...suitable direction to
the Additional Chief Judicial, Court No.8, Ghaziabad to decide
the Case No. 9585 of 2015, in Case Crime No. 429 of 2014,
under Sections 498-A, 323, 504, 506, 377, IPC and 3/4 D.P.
Act...Case Crime No. 429 of
2014, under Sections 498-A, 323, 504, 506, 377, IPC and 3/4
D.P. Act, Police Station Mahila Thana, District Ghaziabad, most
expeditiously, strictly in accordance with law, after...
...29.8.2016 registered at Police Station Zirakpur under Sections 323, 506, 34,
377 IPC. Counsel for the petitioner contends that the petitioner is in custody since 31.8.2016 and...investigation is over and challan has been presented. Counsel further contends that the wife had made allegations against the petitioner (husband) under Section 377 IPC and the MLR is available on record and...