Lok Sabha Question No. 582 (UNSTARRED), answered on 2019-06-25
Subject: Cases under Section 377
Ministry: HOME AFFAIRS
Asked by: Shashi Tharoor

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 582

TO BE ANSWERED ON THE 25 TH  JUNE, 2019/ ASHADHA 4, 1941 (SAKA)

CASES UNDER SECTION 377

582.  DR. SHASHI THAROOR:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Ministry is aware that Section 377 of Indian Penal Code, 1860 was read down by the Supreme Court to hold that all sexual acts between two consenting adults is legal;

(b) whether the Ministry is aware that the ruling is applicable to all cases pending at the trial, appellate and revisional stages;

(c) the number of cases with charges under Section 377 for sexual acts between two consenting adults pending at the trial, appellate and revisional stages as on 6 th  September, 2018, State-wise;

(d) whether the Ministry has urged the States to withdraw cases under Section 377 which involve sexual act between two consenting adults;

(e) if so, the details thereof and if not, the reasons therefor; and

(f) the number of cases pending with charges under Section 377 for sexual acts between consenting adults at the trial, appellate and revisional stages as on date, State-wise?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) to (f): In  the  Writ  Petition  (Criminal)  No.  76  of  2016,  the  Hon'ble

Supreme  Court  has  decriminalized  offences  under  section  377  of  the

Indian Penal Code, so far as it penalizes any consensual sexual relationship between two adults. As per Article 141/142 of the Constitution,  the  law  declared  by  the  Supreme  Court  is  binding  on  all Courts  within  the  territory  of  India  and  enforceable  throughout  the territory  of  India.    It  is  for  the  State  Governments/UT  Administrations concerned  to  consider  withdrawal  of  such  cases,  following  the  due process of law.

National  Crime  Record  Bureau  (NCRB)  compiles  and  publishes  crime statistics  in  its  publication  'Crime  in  India'.  The  published  reports  are available till  the  year  2016.    As  per  the  information  published  by  NCRB, State-wise details of the cases under Section 377 of IPC pending trial at the end  of the year  during  the  period  2014-2016  are  enclosed  at Annexure-I.

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## ANNEXURE-I L.S.US.Q.NO.582 FOR 25.06.2019

## State/UT-wise Cases Pending Trial at the end of the year under Unnatural Offences (Section 377 IPC) during 2014-2016

| SL   | State/UT          |   2014 |   2015 |   2016 |
|------|-------------------|--------|--------|--------|
| 1    | Andhra Pradesh    |      6 |      4 |      4 |
| 2    | Arunachal Pradesh |      0 |      0 |      1 |
| 3    | Assam             |      0 |      2 |      7 |
| 4    | Bihar             |      3 |     19 |     38 |
| 5    | Chhattisgarh      |     19 |     38 |     44 |
| 6    | Goa               |      8 |     11 |      9 |
| 7    | Gujarat           |     34 |     47 |     80 |
| 8    | Haryana           |    182 |    196 |    213 |
| 9    | Himachal Pradesh  |     53 |     55 |     54 |
| 10   | Jammu &Kashmir    |     37 |     41 |     45 |
| 11   | Jharkhand         |      8 |     11 |     13 |
| 12   | Karnataka         |      6 |     16 |     14 |
| 13   | Kerala            |    209 |    290 |    448 |
| 14   | Madhya Pradesh    |    142 |    185 |    241 |
| 15   | Maharashtra       |    258 |    326 |    442 |
| 16   | Manipur           |      0 |      0 |      1 |
| 17   | Meghalaya         |      0 |      0 |      0 |
| 18   | Mizoram           |      2 |      1 |      1 |
| 19   | Nagaland          |      0 |      1 |      0 |
| 20   | Odisha            |     14 |     28 |     49 |
| 21   | Punjab            |     51 |     82 |     94 |
| 22   | Rajasthan         |     79 |    116 |    124 |
| 23   | Sikkim            |      0 |      0 |      2 |
| 24   | Tamil Nadu        |      5 |      7 |      4 |
| 25   | Telangana         |      6 |     14 |     23 |
| 26   | Tripura           |      2 |      2 |      4 |
| 27   | Uttar Pradesh     |    158 |    310 |    923 |
| 28   | Uttarakhand       |      6 |      8 |      5 |
| 29   | West Bengal       |     20 |     36 |     88 |
|      | TOTAL STATE(S)    |   1308 |   1846 |   2971 |
| 30   | A & N Islands     |      2 |      4 |      2 |
| 31   | Chandigarh        |     10 |     13 |     12 |
| 32   | D&N Haveli        |      0 |      0 |      0 |
| 33   | Daman &Diu        |      0 |      0 |      1 |
| 34   | Delhi UT          |    268 |    349 |    425 |
| 35   | Lakshadweep       |      0 |      0 |      0 |
| 36   | Puducherry        |     13 |      1 |      0 |
|      | TOTAL UT(S)       |    293 |    367 |    440 |
|      | TOTAL (ALL INDIA) |   1601 |   2213 |   3411 |

Source: Crime in India