THIRUVANANTHAPURAM: Following Supreme Court’s verdict to decriminalise Section 377 and allowing consensual adult gay sex, State Police Chief Loknath Behera on Saturday instructed all Station House Officers to prepare a list of such cases differentiating between those registered based on complaints and suo motu.
The DGP has also issued guidelines to be followed by the police. In cases registered based on complaints, investigation must be continued and a final report should be submitted before the court, the guidelines say.
In suo motu cases, the investigators must find out whether the relation was consensual. If it was consensual, then police should submit a report to the court acquitting those involved from the criminal case. But if the relationship was not consensual, then the police should register a fresh complaint to proceed with the case.
In 2009, the Delhi High Court rules Section 377 violates the fundamental rights guaranteed by the Constitution. Following this religious groups moved the Supreme Court for a direction against the verdict.
Considering this appeal, the apex court issued its order decriminalising the section.
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.” -Section 377 of the IPC