Section 377 of the Indian Penal Code, 1860, punished "carnal intercourse against the order of nature with any man, woman or animal." A full-text search of the Bharatiya Nyaya Sanhita, 2023 found no section that reproduces this offence — no BNS section uses the words "carnal," "order of nature," "bestiality" or "sodomy." The phrase "unnatural lust" survives in two places, but only as one listed circumstance within different offences, not as a standalone provision. This guide reports what the text says, strictly, without comment on the reasons for the change.
The situation
A reader wants to know, in strictly factual terms, what became of Section 377 IPC when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024 — whether any BNS section reproduces it, whether any related language survives elsewhere in the code, and what the BNS's sexual-offence provisions cover by their words. This guide answers only from the statutory text read for it. It does not discuss policy, constitutional history, or any pending litigation, and it cites no case law.
Old law vs new law at a glance
| Issue | IPC (section) | BNS | What the text shows |
|---|---|---|---|
| Standalone offence of carnal intercourse against the order of nature | Section 377 (imprisonment for life, or up to 10 years, plus fine) | No section found | A full-text search of the BNS for "carnal," "order of nature," "bestiality" and "sodomy" returned zero hits |
| "Unnatural lust" as a circumstance extending private defence to causing death | Section 100, Fourthly | Section 38(d) | Retained, same wording |
| "Unnatural lust" as an aggravating element of kidnapping/abduction | Section 367 | Section 140(4) | Retained, same wording |
| Rape | Not within Section 377's scope (a separate offence) | Section 63 — defines the victim as "a woman" throughout | Gender-specific as enacted |
| Assault/criminal force to outrage modesty, sexual harassment, intent to disrobe, voyeurism, stalking, insulting modesty | Various sections (outside Section 377's scope) | Sections 74, 75, 76, 77, 78, 79 — each names "a woman" as the victim (Section 75 only in clause (iii) of sub-section (1)); the offender is "a man" in Sections 75 and 78 and "Whoever" in Sections 74, 76, 77 and 79 | Victim-specific to a woman on the words of each section read, with the Section 75 qualification |
| Non-consensual sexual act against an adult male victim | Fell within Section 377's wording, regardless of consent | No BNS sexual-offence section read expressly names a man as a victim | Gap on the text read — see the Step-by-step section below |
| Consensual private conduct between adults | Covered by Section 377's wording on its face | No provision found | Not located in the sections or searches conducted |
What the law requires now, step by step
Step 1 — What Section 377 IPC said
Section 377 IPC read:
"Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
An accompanying Explanation stated that "penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section."
Step 2 — Confirm by full-text search whether any BNS section reproduces it
Rather than assume Section 377 IPC has no BNS successor, this guide ran a full-text search of the complete Bharatiya Nyaya Sanhita, 2023 for the terms "carnal," "order of nature," "bestiality" and "sodomy." All four searches returned zero results anywhere in the Act. No section of the BNS, as read, defines an offence in these terms. The same four-term search was independently repeated against the official Gazette of India Extraordinary text of the Act as enacted (CG-DL-E-25122023-250883) — a second source, separate from the Bare Act library mirror — with an identical result: zero hits for all four terms.
Step 3 — Locate where the related phrase "unnatural lust" still appears
The same search, run for the word "unnatural," returned two results, both the phrase "unnatural lust." Section 38 BNS, on the right of private defence of the body extending to causing death, lists as one of the circumstances:
"an assault with the intention of gratifying unnatural lust"
This is identical to Section 100, Fourthly, IPC. Separately, Section 140(4) BNS, on aggravated kidnapping or abduction, punishes kidnapping or abducting a person in order that the person may be subjected "to the unnatural lust of any person," with imprisonment up to ten years plus fine — identical to Section 367 IPC. In both BNS sections, "unnatural lust" is one listed circumstance within a different offence (private defence, and kidnapping) — neither section makes the underlying act itself, standing alone, a separately defined criminal offence the way Section 377 IPC did.
Step 4 — Read what the BNS sexual-offence provisions cover, by their words
Sections 63, 74, 75, 76, 77, 78 and 79 BNS were read to establish their scope. Section 63 BNS, defining rape, opens: "A man is said to commit 'rape' if he... penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman..." — the victim is defined as a woman throughout the section. Section 74 BNS ("Assault or use of criminal force to woman with intent to outrage her modesty"), Section 76 BNS ("Assault or use of criminal force to woman with intent to disrobe"), Section 77 BNS (voyeurism — "watches, or captures the image of a woman"), Section 78 BNS (stalking — "Any man who" ... "follows a woman") and Section 79 BNS (insulting the modesty of "any woman") each name the victim, by the section's own words, as a woman. Section 75 BNS ("Sexual harassment" — "A man committing any of the following acts") names a woman only in clause (iii) of sub-section (1) ("showing pornography against the will of a woman"); clauses (i), (ii) and (iv) do not state the victim's gender, and the section sits under the Chapter V sub-heading "Of criminal force and assault against woman". On this text, none of the seven sections read expressly names a man as the victim of a non-consensual sexual act; this guide does not determine whether clauses (i), (ii) and (iv) of Section 75(1) extend to a male victim.
What changed — and what did not
- Abolished: Section 377 IPC's standalone offence of carnal intercourse against the order of nature. No BNS section using the offence's defining terms — "carnal," "order of nature," "bestiality," "sodomy" — was found anywhere in the Act.
- Identical: the phrase "unnatural lust" itself, carried over word for word in two places — Section 38 BNS (matching Section 100, Fourthly, IPC) and Section 140(4) BNS (matching Section 367 IPC) — each as one listed circumstance within a different offence, not a standalone provision.
- Victim still a woman; offender partly gender-neutral: every BNS sexual-offence section read for this guide (63, 74, 75, 76, 77, 78, 79) names a woman as the victim (Section 75 only in clause (iii) of sub-section (1)). The offender is "a man" in Sections 63, 75 and 78, but "Whoever" in Sections 74, 76, 77 and 79 — for Sections 76 and 77 this replaces the words "Any man who" in Sections 354B and 354C IPC, and Section 2(10) BNS provides that "he" is used of any person, whether male, female or transgender.
- Gap on the text read: no BNS sexual-offence provision examined in this guide, and no full-text search result, addresses a non-consensual sexual act against an adult male victim, or consensual private conduct between adults, in the terms Section 377 IPC used.
Which law applies to your case
For conduct that occurred before 1 July 2024, Section 377 IPC's offence definition and punishment — imprisonment for life, or up to ten years plus fine — continue to apply, under Section 358(2) BNS and Article 20(1) of the Constitution, which fix the applicable offence and punishment ceiling to the law in force on the date of the act. For conduct on or after 1 July 2024, this guide has not found a BNS section that reproduces Section 377 IPC; whether any other BNS provision applies depends entirely on the specific facts and is not addressed by this guide. The full transition rule is at Offence Before 1 July 2024: Which Law Applies?.
Practical checklist
For the person affected:
- If the conduct in question occurred before 1 July 2024, Section 377 IPC's offence definition and punishment ceiling apply, not any BNS provision.
- For conduct on or after 1 July 2024, this guide has not identified a direct BNS successor to Section 377 IPC — do not assume either that the conduct is or is not covered by some other BNS section without checking the specific facts against the statutory text.
- This guide does not address, and readers should not infer from it, any conclusion about the current legal status of consensual private conduct between adults.
For the advocate:
- Do not cite Section 377 IPC as having a direct BNS successor — this research, including a full-text search of the Act, found none.
- Where the facts involve a non-consensual act and the victim is a woman, check whether Section 63 BNS (rape) or Sections 74-79 BNS apply on their own terms.
- Where the facts involve a non-consensual act and the victim is a man, or the facts otherwise fall outside the woman-victim wording of Sections 63 and 74-79 BNS, verify carefully against the full BNS text — including provisions outside the sexual-offences chapter, such as hurt (Sections 114-118 BNS) or criminal intimidation — before advising on whether any offence applies; treat an apparent gap as a gap requiring further verification, not as a settled conclusion either way.
Frequently asked questions
What happened to Section 377 IPC under the new criminal law?
A search of the full text of the Bharatiya Nyaya Sanhita, 2023 found no section reproducing the offence Section 377 IPC defined — "carnal intercourse against the order of nature with any man, woman or animal." No BNS section uses the words "carnal," "order of nature," "bestiality" or "sodomy." On the text read, Section 377 IPC has no direct successor in the BNS.
Does the phrase "unnatural lust" still appear anywhere in the BNS?
Yes, in two places, both carried over verbatim from the IPC. Section 38 BNS lists "an assault with the intention of gratifying unnatural lust" as one circumstance extending the right of private defence of the body to causing death — matching Section 100, Fourthly, IPC. Section 140(4) BNS lists subjecting a kidnapped or abducted person "to the unnatural lust of any person" as an aggravating element of kidnapping, punishable up to ten years — matching Section 367 IPC. Neither section independently criminalises the underlying act; each uses the phrase only within a different offence.
Do the BNS sexual-offence sections cover a male victim of a non-consensual act?
On the text read, the sexual-offence sections of the BNS examined for this guide — Section 63 (rape), Section 74 (assault or criminal force to outrage modesty), Section 75 (sexual harassment), Section 76 (assault with intent to disrobe), Section 77 (voyeurism), Section 78 (stalking) and Section 79 (insulting modesty) — name "a woman" as the victim, except that Section 75 names a woman only in clause (iii) of sub-section (1) ("showing pornography against the will of a woman"); Section 75 sits under the Chapter V sub-heading "Of criminal force and assault against woman". Only Sections 63, 75 and 78 name the offender as "a man"; Sections 74, 76, 77 and 79 begin "Whoever", and Section 2(10) BNS provides that the pronoun "he" is used of any person, whether male, female or transgender. This guide did not locate a BNS sexual-offence section, among those read, that expressly names a man as a victim, and it does not determine whether clauses (i), (ii) and (iv) of Section 75(1) extend to a male victim.
Does the BNS punish bestiality?
No BNS section using the words "bestiality," "animal" in a sexual-offence context, or an equivalent formulation was found in the search conducted for this guide. Section 377 IPC's text expressly covered carnal intercourse with "any man, woman or animal"; no comparable BNS provision was located.
Which law applies to conduct that occurred before 1 July 2024?
Section 377 IPC's offence definition and punishment — up to life imprisonment, or imprisonment up to ten years plus fine — continue to apply to conduct that took place before 1 July 2024, under Section 358(2) BNS and Article 20(1) of the Constitution. See the full transition rule at Offence Before 1 July 2024: Which Law Applies?.
Does the BNS address consensual private conduct between adults?
This guide's search of the BNS did not locate any provision addressing consensual private conduct between adults in the terms Section 377 IPC used. No BNS section on this subject was found in the sections and full-text searches conducted for this guide.
Related on Veritect
- Offence Before 1 July 2024: Which Law Applies?
- Sexual Offences: IPC vs BNS
- Section 375-376 IPC — Rape
- Section 354A-D IPC — Sexual Harassment, Voyeurism, Stalking
- IPC to BNS: Complete Section Mapping
- Sections 359-369 IPC vs Sections 137-142 BNS — Kidnapping and Abduction
Statutory sources
- Indian Penal Code, 1860 — Section 377 (Unnatural offences)
- Bharatiya Nyaya Sanhita, 2023 — Section 38 (When right of private defence of body extends to causing death); Section 63 (Rape); Section 74 (Assault or use of criminal force to woman with intent to outrage her modesty); Section 75 (Sexual harassment); Section 76 (Assault or use of criminal force to woman with intent to disrobe); Section 77 (Voyeurism); Section 78 (Stalking); Section 79 (Word, gesture or act intended to insult modesty of a woman); Section 140 (Kidnapping or abducting in order to murder or for ransom, etc.) — the omission finding independently corroborated against the Gazette of India Extraordinary, Part II Section 1 (CG-DL-E-25122023-250883)
This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.