BPC 377: In Details
Definition: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
Explanation: “Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section."
Scope and Application: “This section may be read with sections 10, 39 and 47 of the Penal Code. Under this section both the active and passive agents are guilty of the offence, if the act has been done with consent. To constitute this offence penetration should be strictly proved (I935 Cr LJ 718). Emission is not essential. The unnatural offences are: (1) Sodomy and (2) Bestiality. Sodomy consists of penetration per annum with another person. Bestiality can be committed either by a male or female being wih an animal. Where the male organ is inserted or thrusted between the thigh there is penetration to constitute an offence under section 377 of the Penal Code (1969 Cr LJ 818). The shape of the wound on the passive agent in sodomy is characteristic, and it cannot be produced by any hard substance. A true sodomy wound is triangular, the base external, with the sides of the triangle, retreating into the fundament. Therefore when this characteristic wound is found on the victim, it goes a long way to prove the offence. Where medical evidence shows abrasion on anus due to unnatural intercourse and this corroborates the F.I.R, the accused may be convicted under section 377. In a charge of sodomy, stains of semen constitute important evidence. Great weight must therefore be attached to the chemical examiner's report (31 Cr LJ 343). The evidence required to establish the offence is the same as in rape with the exception that it is not necessary to prove the offence to have been committed against the consent of the person on whom it has been perpetrated and that both the parties to the offence (if consenting) are equally guilty.
Evidence: “Prove (1) that the accused had carnal intercourse with a man, woman or animal.
(2) That such intercourse was against the order of nature.
(3) That the accused did the act voluntarily.
(4) That there was penetration.
Source: Laws of Bangladesh