Offence of Sodomy

KamalNayanSaxena (Querist) 15 September 2008 This query is : Resolved

Can a woman also be guilty of sodomy?

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Adv.Shine Thomas (Expert) 16 September 2008
No,Woman is not guilty u/s 377 IPC.

K.C.Suresh (Expert) 16 September 2008
Dear Kamal
The section speaks about carnal intercource and the explanantion says penetration is sufficient to constitute the carnal intercourse.These two give the inytention of the section.

KamalNayanSaxena (Querist) 16 September 2008
sodomy, the word is defined in Black's Law Dictionary (5th Edn.) to mean "A carnal copulation by 'human beings' with each other against nature, or with a beast".

It can, therefore, be said that a woman can also be guilty of sodomy?

KamalNayanSaxena (Querist) 16 September 2008
I request more discussion on this point

ARVIND JAIN (Expert) 16 September 2008
To my view within the meaning of sec 377 IPC lesbianism is not covered.Even between the males only active partner is guilty, not the passive member.

Murali Krishna (Expert) 16 September 2008
I would like to reproduce Sec 377: Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be ......
Explantion: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in the section.

What I could cull out from the Section is:
1) It should be unnatural;
2) carnal intercourse against the order of nature;
3) such intercourse with any man, woman or animal;

Since there is no distinction against any gender, it cannot be said to be that the section is gender specific. Therefore within Sec 377 of IPC, there cannot be any exemption for woman. They too can be punished, if the offence is proved. The Section confirms dictionary meaning of the term sodomy. The meaning in Webster's dictionary is copulation with a member of the same sex or with an animal.

G. ARAVINTHAN (Expert) 17 September 2008
Sodomy - Any of various forms of sexual intercourse held to be unnatural or abnormal, especially anal intercourse or bestiality.

According to IPC, a woman cannot be punished for committing this offence