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Section 377 is confusing. While researching, I had the following questions: Since it’s no longer part of the BNS, can a person still be charged under Section 377, or is it now decriminalized? How is consent defined in Section 377? For example, if a man goes to a spa/massage parlor and engages in homosexual activity, can he be charged if caught?
Section 377 was decriminalized in 2018, meaning consensual homosexual acts between adults are no longer criminal offenses. However, if someone engages in non-consensual acts or other illegal activities, they may still face charges. As for your example, consensual acts in private spaces (like a spa) will generally not result in charges under Section 377. For further legal assistance contact us on our helpline number.