Section 104 uniquely distinguishes between non-consensual and consensual sexual intercourse in “an unnatural manner” – the former being a ‘first degree felony’ and the latter a ‘misdemeanour’.1 Under the Criminal Procedure Code, misdemeanour offences carry a penalty of up to three years imprisonment.2 The law is only applicable to sexual intercourse between men.
Types of criminalisation
- Criminalises sex between men
Commonwealth member state
1. Criminal Code 1960, Section 104 Unnatural Carnal Knowledge
(a) of any person of the age of sixteen years or over without his consent shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty five years; or
(b) of any person of sixteen years or over with his consent is guilty of a misdemeanour;
(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.” Full text.
2. Criminal Procedure Code 1960, Section 296 General Rules for Punishment
“(4) Where a crime, not being a crime mentioned in sub-section (5), is declared by any enactment a misdemeanour and the punishment for the crime is not specified, a person convicted thereof shall be liable to imprisonment for a term not exceeding three years.” Full text.