Nagpur: The recently implemented Bharatiya Nyaya Sanhita (BNS), which came into effect on July 1, 2024, replacing the colonial-era Indian Penal Code (IPC), is drawing criticism from legal experts and senior police officials from Nagpur for a glaring omission, it fails to provide legal protection or justice mechanisms for male survivors of rape and sexual assault.
Section 377 scrapped, but no replacement
Gold Rate
23 July 2025
Under the now-abolished IPC Section 377, non-consensual “carnal intercourse against the order of nature,” including same-sex assaults and bestiality, remained punishable, even after the Supreme Court’s 2018 verdict decriminalizing consensual same-sex relationships. However, with Section 377 no longer part of the legal framework and no alternative included in the BNS, a serious legal vacuum has emerged.
“There is currently no direct provision in the BNS that criminalizes non-consensual same-sex acts involving adult males,” confirmed Joint Commissioner of Police Naveenchandra Reddy. “In such cases, we are forced to apply sections relating to assault, criminal force, or intimidation. It’s an improvised patchwork rather than a well-defined legal remedy.”
Legal experts sound the alarm
Legal professionals warn that this gap endangers the rights and justice access for male victims. Nagpur advocate Rajendra Daga criticized the gender-specific nature of the BNS, saying, “The law seems singularly focused on protecting women and children. Male survivors have been completely ignored. A provision similar to Section 377 must be reintroduced to ensure parity in justice.”
Advocate Shyam Dewani echoed the concern, highlighting that existing BNS sections like 68 (criminal force) or 75 (general offences) are inadequate in addressing the severity of sexual assault. “These sections don’t carry the same legal weight or societal recognition that a dedicated sexual offence charge would entail.”
The legal loophole’s consequences were recently felt in a bizarre incident in Seminary Hills, where a man was booked for allegedly committing an unnatural act with a colt. Due to the absence of a relevant provision, police struggled to frame specific charges, and the accused was released on bail. The case has now become a textbook example of how the new code fails to address such offences.
Station officers across Nagpur admit to widespread confusion. “There must be something applicable, but we’re still figuring it out,” said an SHO under condition of anonymity.
Call for urgent amendments
With the legal ambiguity posing challenges for both victims and law enforcement, the legal fraternity is now urging the Union Government and the Law Commission of India to act swiftly.
“It’s understandable that a newly drafted code may need time to evolve,” a senior lawyer said. “But vulnerable male survivors can’t be expected to wait years for basic legal protection. Amendments must be made on priority.”
As the debate intensifies, legal reformers warn that ignoring male victims of sexual violence not only perpetuates injustice but also undermines the very principle of gender-neutral protection under the law.
