Nagpur: The newly-implemented Bharatiya Nyaya Sanhita (BNS), which replaced the colonial-era Indian Penal Code (IPC) on July 1, 2024, has come under fire from legal experts and senior police officials for omitting a critical provision—there is no direct law under the BNS to address cases of rape or sexual assault involving male victims.
The abolition of IPC Section 377, which earlier criminalized “carnal intercourse against the order of nature,” has left law enforcement without a clear route to prosecute non-consensual same-sex assaults involving adult males. While the Supreme Court had decriminalized consensual same-sex relationships in 2018, Section 377 had continued to apply in cases of non-consensual acts and bestiality.
Now, with the advent of the BNS, no standalone provision exists for male rape survivors or unnatural offences with animals—a legal vacuum that is raising serious concern among the legal fraternity and police.
Legal Community Raises Alarm:
Senior lawyer Adv. Rajendra Daga pointed out that the new code focuses heavily on gender-specific crimes against women and children, while completely ignoring non-consensual acts involving adult men.
“There is no provision criminalising non-consensual same-sex relations. This deprives adult male victims of legal protection. It is imperative that a section similar to 377 be reintroduced,” Daga stated.
Echoing similar concerns, Adv. Shyam Dewani said that while the BNS mentions women as victims in rape-related sections, male victims of sexual assault are conspicuously left out.
“Police are left relying on Sections 68 (offences involving criminal force) and 75 (general provisions on criminal acts), but these are not tailored to address the gravity of sexual assault,” he said.
Police Admit to Legal Challenges:
Joint Commissioner of Police, Naveenchandra Reddy, admitted the absence of a dedicated section under the BNS to prosecute non-consensual same-sex acts or assaults on male victims.
“In such cases, we have to resort to building a case through multiple sections—covering assault, intimidation, and threat. It’s a patchwork solution, not a definitive legal recourse,” he said.
The ambiguity in the BNS also became evident in a recent incident in Seminary Hills, where a man was accused of committing an unnatural act with a colt. Due to the lack of a specific penal section, police struggled to frame appropriate charges. Eventually, the accused walked out on bailable charges, highlighting the limitations of the current legal structure.
Call for Urgent Legislative Review:
In-charge officers at multiple city police stations confessed confusion over how to proceed in such cases, with one officer admitting,
“There must surely be something in the law, but we’re still figuring it out.”
Legal experts are now urging the Union Government and Law Commission to take immediate cognizance of the loopholes.
“It’s a newly drafted code. Naturally, it will require amendments. But male survivors of rape and sexual assault cannot wait for years of legislative evolution,” a senior lawyer cautioned.
