Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Criminalises the gender identity/expression of trans people
Commonwealth member state
1. Penal Code 1883, Section 365 Unnatural Offences
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be punished with fine […]
Explanation – penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.” Full text.
2. Penal Code 1883, Section 365A Acts of gross indecency between persons
“Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of any act of gross indecency with another person, shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both…” Full text.
3. Penal Code 1883, Section 399 Cheating by Personation
“399. A person is said to ‘cheat by personation’ if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.
402. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.” Full text.