Nagpur: Legal experts and senior police officials have raised serious concerns over the absence of provisions for male rape survivors in the newly-enforced Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC) on July 1, 2024.
The BNS does not carry forward Section 377 of the IPC, which earlier dealt with “carnal intercourse against the order of nature.” While the Supreme Court had decriminalized consensual same-sex relationships in 2018, Section 377 remained applicable for non-consensual homosexual acts and unnatural offences involving animals. With its omission in the new criminal code, experts say, male victims of sexual assault and bestiality cases are now left without direct legal recourse.
Legal Void in BNS for Male Sexual Assault Cases
According to senior advocate Rajendra Daga, the BNS lacks a specific clause to punish non-consensual same-sex acts involving adult males.
“While the code rightly emphasizes protection for women and children, it fails to acknowledge male victims of rape or sexual assault. This exclusion limits legal protection and contradicts the BNS’s goal of gender neutrality,” he said.
Daga further warned that without a clear penal section, it becomes nearly impossible to file charges in such cases, undermining the rights and dignity of male survivors.
Another legal expert, Advocate Shyam Dewani, pointed out that while the BNS introduces several updated sections for crimes against women, it fails to provide an equivalent framework for male victims.
“In the absence of a dedicated law, police are forced to rely on indirect sections like Section 68 (use of criminal force) and Section 75 (general provisions), which do not adequately address the seriousness of sexual crimes,” he explained.
Police Confirm Challenges in Implementation
Joint Commissioner of Police, Naveenchandra Reddy, confirmed that officers are struggling to handle such cases under the current legal framework.
“There is no standalone section for prosecuting non-consensual sex involving adult males. In such situations, we use a combination of available sections like assault, criminal intimidation, and threat to build a case,” he said.
He emphasized the need for legislative clarity to avoid miscarriage of justice, especially in sensitive cases involving male victims or crimes that previously fell under Section 377.
Recent Case Exposes Legal Gap
A recent case in Seminary Hills revealed the practical challenges of the new law. A man was caught committing an unnatural act on a colt, but due to the lack of an applicable provision under BNS, police were left scrambling. The accused was eventually booked under bailable sections and walked free, highlighting the shortcomings in the law.
At multiple police stations across Nagpur, officers admitted confusion and uncertainty when asked how to proceed in cases involving male-on-male sexual violence. “There has to be some provision, but it’s not clearly defined,” said one officer.
Demand for Legal Reform
Legal practitioners are now urging the Ministry of Home Affairs and Law Commission of India to revisit the BNS and address the glaring oversight.
“The BNS is still in its early stages and is likely to undergo amendments. But this gap in protection for male survivors must be treated as a priority,” a senior criminal lawyer said.
The consensus among experts is clear: without an inclusive and gender-neutral framework, India’s new criminal code leaves thousands vulnerable and without a path to justice.
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