One year of new criminal laws: No law for sexual offences against men, animals yet
Its complete removal in the Bharatiya Nyaya Sanhita (BNS) has left these groups with no dedicated legal protection.
“Now, there is no specific provision to deal with unnatural sexual assault against men or transgenders or even acts of bestiality (sexual offences against animal). This seems like a glaring oversight,” said a Delhi-based Advocate Siddharth Malkania.
“In the Navtej Singh Johar vs Union of India case, the SC had decriminalised consensual same-sex relations under Section 377, while retaining it for non-consensual acts, offences against minors and bestiality. But the BNS-2023, has gone beyond the judgment by completely removing the section, creating a legal vacuum for acts like bestiality," said Malkania.
Animal rights activist Shubha Sodhi says there is a need for reviving Section 377 with clearer and stronger laws against animal sexual abuse. “We must protect both human rights and animal welfare without confusing the two issues,” Sodhi said, highlighting a series of incidents where animals especially dogs were sexually assaulted.
Even as the government claimed the new laws would usher in a modern, citizen-centric justice system, critics argue that the failure to replace Section 377 is emblematic of broader implementation lapses.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), replacing the CrPC and Indian Evidence Act respectively, promised faster investigations, digital FIRs, community service for minor crimes, and forensic-backed prosecutions. But a year later, ground-level realities present a different picture.
While timelines for investigation — 60 days to frame charges, 14 days to supply documents, 90 days for case updates — and trial have been introduced but the enforcement mechanisms remain weak. “Meeting deadlines always remains a challenge. These reforms sound great on paper, but we lack manpower to meet them,” a police officer said.
The new laws have rightly emphasized forensic evidence, mandating crime scene videography and expert visits for serious offences. However, the sudden surge in demand has left forensic labs overwhelmed. “Compared to old times, the cases we have forensically examined shot up exponentially. Still we managed to keep everything under control," a source in the Crime Scene Management at Delhi’s Forensic Science Laboratory said.
Digital justice is another cornerstone, but most police stations, courtrooms, and prisons — especially in rural areas — lack basic internet access. Even terms like “digital record” and “electronic record” are inconsistently used, leading to confusion during trials.
Experts feel that unless the government urgently plugs loopholes such as the Section 377 vacuum and invests in digital and forensic infrastructure, the promise of a modern justice system may remain unfulfilled.
India