Delhi HC restores plea on absence of Section 377-like provision in BNS
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Prelims + Mains·
Why in news
The Delhi High Court restored a PIL seeking penal provisions for non-consensual unnatural sex, highlighting a 'legal lacuna' in the Bharatiya Nyaya Sanhita (BNS) following its enactment in July 2024.
Background
The Delhi High Court directed the Centre to file an affidavit on steps taken to address the absence of Section 377-like provisions in the BNS. The petition argues that the current legislative gap leaves LGBTQ individuals without specific criminal remedies against certain sexual assaults.
Facts for Prelims
- Act / BillBharatiya Nyaya Sanhita (BNS): Enacted in July 2024 to replace the Indian Penal Code.
- BodyDelhi High Court: The judicial body that restored the PIL regarding non-consensual unnatural sex.
- FactThe petition seeks penal provisions for non-consensual unnatural sex similar to the former Section 377.
For Mains
Q. Discuss the constitutional implications of legislative gaps in criminal law regarding the protection of LGBTQ+ individuals under the Bharatiya Nyaya Sanhita.
Dimensions to cover in your answer
- Legislative oversight: Failure to incorporate specific protections for non-consensual unnatural sex in the transition from IPC to BNS
- Judicial intervention: The role of PILs in identifying and addressing statutory omissions in new criminal codes
Keywords: legal lacuna · criminal remedy · legislative oversight · constitutional protections · Bharatiya Nyaya Sanhita
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