LIJDLR

LAW’S SILENCE ON BESTIALITY IN INDIA

Ankita Khamari, Research Scholar at PG Department of Law, Sambalpur University (India)

The enactment of the Bharatiya Nyaya Sanhita, 2023 marks a significant shift in India’s criminal law framework, replacing the colonial Indian Penal Code. However, this transition has resulted in an unintended yet serious legislative gap, the omission of provisions addressing bestiality. Historically, Section 377 of the IPC criminalised “carnal intercourse against the order of nature,” encompassing sexual acts with animals. While the Supreme Court in Navtej Singh Johar v. Union of India (2018) decriminalised consensual same-sex relations, it explicitly retained the applicability of Section 377 to non-consensual acts and bestiality. The complete removal of this provision in the BNS, without introducing an alternative, has effectively decriminalised sexual abuse of animals. This paper critically examines the legal, constitutional, and ethical implications of this omission. It highlights the inadequacy of existing laws, particularly the Prevention of Cruelty to Animals Act, 1960, which provides minimal penalties and fails to address sexual violence against animals. Drawing upon reported cases and criminological studies linking animal abuse with violent criminal behaviour, the paper argues that the current framework undermines both animal welfare and public safety. It further evaluates the ignored recommendations of the Parliamentary Standing Committee and advocates for urgent legislative intervention to criminalise bestiality explicitly, ensuring comprehensive protection for vulnerable, non-consenting beings.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 672–686.
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