Section 377 criminalises “carnal knowledge against the order of nature”, punishable with up to ten years imprisonment and a possible fine. The law is only applicable to men.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Criminalises the gender identity/expression of trans people
- Death penalty
Commonwealth member state
Footnotes
1. Penal Code 1951, Section 377 Unnatural Offences
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Explanation — Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” Full text.
2. Syariah Penal Code Order 2013, Section 82 Liwat
“(1) Any person who commits liwat is guilty of an offence and shall be liable on conviction to the same punishment as provided for the offence of zina.
(2) For the purposes of this Order, “liwat” means sexual intercourse between a man and another man or between a man and a woman other than his wife, done against the order of nature that is through the anus.” Full text.
Syariah Penal Code Order 2013, Section 69 Punishment for Zina
“(1) Any Muslim who commits zina and it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to Hukum Syara’ after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to hadd punishment as follows –
(a) if he is muhshan, stoning to death witnessed by a group of Muslims; or
(b) if he is ghairu muhsan, whipping with 100 strokes witnessed by a group of Muslims and imprisonment for a term of one year.
…
(3) Any non-Muslim who commits zina with a Muslim and it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to Hukum Syara’ after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to the same punishment as provided under subsection (1).”
3. Syariah Penal Code Order 2013, Section 198 Man Posing as a Woman or Vice Versa
“(1) Any man or dresses and poses as a woman or any woman who dresses and poses as a man in any public place without reasonable excuse is guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000, imprisonment for a term not exceeding 3 months or both.
(2) Any man or dresses and poses as a woman or any woman who dresses and poses as a man in any public place for immoral purposes is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.” Full text.
4. Syariah Penal Code Order 2013, Section 92 Musahaqah
“(1) Any Muslim woman who commits musahaqah is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or combination of any two of the punishment.
(2) Any non-Muslim woman who commits musahaqah with a Muslim woman is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years, whipping not exceeding 40 strokes or a combination of any two of the punishment.
(3) In this section, “musahaqah” means any physical activities between a woman and another woman which would amount to sexual acts if it is done between a man and a woman, other than penetration.” Full text.
Keep in Touch
Sign up to our newsletter for updates on key legal challenges to anti-LGBT laws around the world, news on the reform of discriminatory laws in the Commonwealth, comment from our Director on landmark judgments and employment opportunities at the Trust.