Overview
India’s sexual conduct laws are codified primarily in the Indian Penal Code (IPC), now adapted into the Bharatiya Nyaya Sanhita (BNS) 2023, alongside special statutes such as the Protection of Children from Sexual Offences Act (POCSO) 2012. These laws criminalise non‑consensual sexual activity, sexual harassment, child sexual abuse, and certain public‑morality offences. Post‑2012 reforms broadened definitions (e.g., acts counted as “rape”), strengthened penalties, and expanded victim protections.
Age of Consent
The legal age of consent is 18 years under POCSO. Sexual activity with anyone below 18 is treated as statutory rape regardless of purported consent. Courts have clarified that POCSO applies irrespective of marital status for persons under 18.
Key Offences & Punishments
- Rape (BNS s.63; previously IPC s.375–376): Minimum 10 years’ imprisonment, extendable to life; death penalty possible in certain aggravated cases, including some offences against minors.
- Sexual Assault on Minors (POCSO): 3 years to life imprisonment, depending on the offence tier (penetrative/non‑penetrative, aggravated circumstances).
- Sexual Harassment (BNS s.74; prev. IPC s.354A): Up to 3 years; workplaces also governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Outraging Modesty (BNS s.73; prev. IPC s.354): 1 to 5 years.
- Public Obscenity (BNS ss.292–294): Fines and up to 3 months’ imprisonment; “obscene” remains context‑dependent.
- Consensual Same‑Sex Activity: Decriminalised by the Supreme Court in 2018 (Navtej Singh Johar v. Union of India); the general age of consent (18) applies equally.
Public Decency & Morality
Public sexual acts or indecent exposure may be prosecuted under obscenity or public‑nuisance provisions. Public displays of affection are not per se illegal, but can invite police intervention in conservative areas.
Historical & Old Punishment Practices
Under British colonial rule (IPC, 1860), “carnal intercourse against the order of nature” (s.377) criminalised consensual same‑sex activity; obscenity provisions policed literature, theatre, and public conduct. Punishments for sexual crimes historically included rigorous imprisonment with hard labour and, in some jurisdictions, flogging/whipping. In several princely states well into the 20th century, authorities used corporal punishments (e.g., caning), public shaming (such as head shaving or parading), and forms of exile as deterrents. Pre‑colonial dharmaśāstra texts (e.g., Manusmriti) prescribed caste‑contingent penalties for sexual transgressions—including mutilation or death—though these varied widely by era and polity and were largely displaced by the colonial criminal code.
Insider & Academic Commentary
“Post‑2012 reforms significantly strengthened definitions and penalties; implementation still varies by state and by urban–rural context.” — Legal scholar, National Law University
“Historic moral codes cast a long shadow; stigma and community pressure still depress reporting in many districts.” — Human rights advocate
References
Government of India. (2023). Bharatiya Nyaya Sanhita.
Criminal Law (Amendment) Act, 2013; Justice Verma Committee Report (2013).
Protection of Children from Sexual Offences Act, 2012.
Supreme Court of India. (2018). Navtej Singh Johar v. Union of India.
Kolsky, E. (2010). Colonial Justice in British India. Cambridge University Press.