Justice Nariman said section was modelled on the Britain’s Buggery Act of which was brought in by the then king Henry VIII which. Buggery Act: gay rights movement: Gay rights prior to the 20th century: VIII, England passed the Buggery Act, which made sexual relations between men a. The Buggery Act made sodomy a capital offence for the first time in English law and was subsequently exported to all of the British colonies, where some of.

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Section How Buggery Act of King Henry comes a full circle in Supreme Court – India News

Let’s work together to keep the conversation civil. The Supreme Court, which unanimously struck down part of the British-era law that criminalised gay sex, has traced the history of the year-old provision in its judgment back to the reign of King Henry VIII in Justices Nariman and Chandrachud, in their separate concurring judgments, dealt in detail about the evolution of the section as it exists in the present form.


Justice Nariman bhggery section was modelled on the Britain’s Buggery Act of which was brought in by the then king Henry VIII which prohibited “the detestable and abominable offence” of buggery anal intercourse committed with mankind or beast. The word “buggery” is derived from the old French word “bougre” and was taken to mean anal intercourse, Justice Chandrachud said in his judgment.

Buggery, however, remained a capital offence in England untilone year after the enactment of the IPC,” Justice Chandrachud said. He said that Section was allowed to operate in Independent India as under Article 1 “all laws in force prior to the bugegry of the Constitution shall continue to be in force until altered or repealed”.

Section 377: How Buggery Act of King Henry comes a full circle in Supreme Court

Justice Nariman said 8, men were indicted between and for “sodomy, gross indecency or other unnatural misdemeanours” in England and Wales. On an average, ninety men per year were indicted for homosexual offences during this period, he said.

Fifty-six were executed, and the remainder were either imprisoned or transported to Australia for life,” he said. Justice Nariman wrote that Lord Macaulay’s draft was substantially different from what was finally enacted as Section He wrote that even in the most “prudish of all periods of English history”, Lord Macaulay had recognised a lesser sentence for the crime of “unnatural lust”, if performed with consent.


After several reviews of the draft, the Commission concluded that the Draft Penal Code was sufficiently complete, and, with slight modifications, fit to be acted upon, noted Justice Nariman in his page judgment.

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