Delhi HC: Section 377 of IPC not completely gone of statute

Despite the pronouncement of the Delhi High Court judgment legalising homosexuality and lesbianism if it is between two adults with mutual consent, section 377 of the Indian Penal Code (IPC) is not completely gone of the statute book.

If the victim complains that undue force have been used against him or her by the perpetrator of the act, it remains an offence and the offender can be prosecuted for indulging in unnatural sex.

In case the victim is a minor then the consent becomes irrelevant and the offender is liable to be prosecuted. Since it is a judgment by the High Court it will have persuasive value outside Delhi and will not be binding on the courts in other states.

The controversy will have to be finally settled and decided by the Supreme Court and if the Delhi High Court judgment is upheld by the apex court it will become applicable in the entire country.

Till now, homosexuality or lesbianism was a crime irrespective of the age of the party.