Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
Section history
Section 377 — Sexual penetration, etc., of a corpse
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 377 — Original text to 1 February 2008superseded
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Section 377 — 1 February 2008 to 1 March 2022rewritten by Penal Code (Amendment) Act 2007
(1)Any man who penetrates, with his penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence.
(2)A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.
(3)Any person (A) who causes any man (B) to penetrate with B’s penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence if B did not consent to the penetration.
(4)A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
Section 377 — From 1 March 2022 (current)rewritten by Criminal Law (Miscellaneous Amendments) Act 2021
(1)A person (A) who —
(a)penetrates, with A’s penis, the vagina, anus or mouth of a human corpse;
(b)sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus of a human corpse;
(c)causes A’s vagina, anus or mouth to be penetrated by the penis of a human corpse;
(d)causes A’s vagina or anus to be sexually penetrated by a part of a human corpse (other than the penis, if the human corpse is that of a deceased man);
(e)causes a person (B) to penetrate, with B’s penis (if B is a man), the vagina, anus or mouth of a human corpse, without B’s consent;
(f)causes B to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus of a human corpse, without B’s consent;
(g)causes B’s vagina, anus or mouth to be penetrated by the penis of a human corpse, without B’s consent; or
(h)causes B’s vagina or anus to be sexually penetrated by a part of a human corpse (other than the penis, if the human corpse is that of a deceased man), without B’s consent,
shall be guilty of an offence.
(2)A person who is guilty of an offence under subsection (1)(a), (b), (c) or (d) shall be punished with imprisonment for a term that may extend to 5 years, or with fine, or with both.
(3)A person who is guilty of an offence under subsection (1)(e), (f), (g) or (h) shall be punished with imprisonment for a term that may extend to 20 years, and shall also be liable to fine or to caning.