Whoever does voluntarily carnal intercourse as defined in the code shall be punished with imprisonment for life or imprisonment of either description upto ten years and shall also be liable to fine in addition to any of these alternative punishments.
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A carnal intercourse against the order of nature with any man, woman or animal is an unnatural carnal intercourse and whoever voluntarily has such intercourse commits an unnatural offence.
ADVERTISEMENTS:
In the case of Brother John Antony v. State? The High Court convicted the accused under Section 377 of I.P.C. The accused the sub-warden of a Boarding Home was charged to have committed unnatural offence with inmates.
The accused inserted his penis into the mouth of victim boy and incarnal intercourse upto the point of ejaculation of semen into the mouth. The accused was found guilty under Section 377 of I.P.C.
Explanation:
Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
ADVERTISEMENTS:
A woman cannot be guilty of rape but she can be guilty of an unnatural offence. A woman can be guilty of the abetment of rape.