UNNATURAL SEXUAL

OFFENCES

Dr. O. P. Saini
Professor
Department Of Forensic
Medicine & Toxicology
S.P. Medical College,
Bikaner
 UNNTURAL SEXUAL OFFENCES
• DEFINITION:- Voluntary sexual intercourse
against the order of nature with any man, or
women, or animal is an unnatural sexual
offence (S.377,I.P.C.)

• EXPLANATION:- Penetration is sufficient to

constitute the offence.
UNNATURAL SEXUAL OFFENCES
• PUNISHMENT:-These offences are
punishable with imprisonment up to ten years
or for life and also with fine.

• Four types are there:-

(i) Sodomy (ii) Buccal coitus
(iii) Tribadism (iv) Bestiality
UNNATURAL SEXUAL OFFENCES

• SODOMY – It is the anal intercourse between

two males or between a male and female. This
used to be practiced in a town called SODOM.
-It is also called Buggery. In India HIJRAHS
and ZENANA are passive agents in sodomy.
-Gerontophilia- When passive agent is an adult.
-Pederasty- When passive agent is a child, who
is also k/a Catamite.
UNNATURAL SEXUAL OFFENCES

• PEDOPHILE- Is an adult who repeatedly

engages in sexual activities with children.
Aggression and sadism are inherent
components of paedophilia.
• It is also k/a GREEK LOVE as Greeks of
golden age also practiced it.
• It can be heterosexual or homosexual. When
practiced between two men. They may
alternately acts as active and passive agents.
UNNATURAL SEXUAL OFFENCES

• Any degree of penetration or any attempt at

penetration just into the anal margin, are
punishable. Proof of emission is not necessary.

• When the act is performed with the consent of

the passive agent. Both are liable for
punishment. But only the active agent is
punished when the offence is committed
without consent.
UNNATURAL SEXUAL OFFENCES
• BUCCAL COITUS – Male sexual organ is
introduced into mouth of a male / female. It is
also k/a Coitus per os or sin of Gomorrah. It
was common in a town called Gomorrah.
• Erythema, petechiae, and faint teeth marks and
abrasions may be seen on penis.
• The diagnosis is made by detection of semen
in respiratory tract or stomach of the victim.
UNNATURAL SEXUAL OFFENCES

• Spermatozoa can be found in the mouth up to

nine hours if-(i) The victim has not cleaned the
teeth nor taken a hot drink after the incident.
(ii) Careful swabbing has been done by
rubbing around inside mouth, under tongue
and gum margins.
• The victim’s mouth is ringed with distilled
water, which can be expectorated into a sterile
container, centrifuged and examined.
 UNNATURAL SEXUAL OFFENCES

• Death may result from aspiration of semen or

impaction of the penis in hypopharynx.

• It is punishable U/S 377, IPC.

UNNATURAL SEXUAL OFFENCES

• TRIBADISM – Also called LASBIANISM,

FEMALE HOMOSEXUALITY and SAPPHISM.
-Sexual gratification of a woman is obtained by
another woman by kissing, body contact, manual
manipulation.
-It is not an offence in India.
- Punishable U/S.377, IPC.
UNNATURAL SEXUAL OFFENCES

• BESTIALITY – It is the sexual intercourse by

a human being with a lower animal like calves,
sheep, chicken, cat .
• The animals involved include those that are
kept on the farm or as pets in households.
• Both the accused and alleged animals should
be examined.
 BESTIALITY

• It means sexual intercourse by a human being

with a lower animal.
• Animals usually preferred are:-
1. By males:- cows, female sheep, goat, calves,
mare, she-ass, cat.
• The intercourse may be vaginal or anal with
animal
• The act is done by a person having mental
aberration. At times, the act is done in mistaken
belief that gonorrhea is cured by intercourse
with she-ass.
Medical examination
 In accused:-
• Stains over clothes may be present of – dung,
mud, secretions.
• Signs of injuries over penis. Similarly injuries
over body may be seen due to kicking or biting
by animals.
cont’d………
• Stains over penis- in forms animal feces,
secretions, blood,.
• Animal hairs may be present.
• Infection transmitted from animal such as
genital lesions may be present.
 In animals:-
• Injuries to genital region.
• Presence of human spermatozoa in vaginal or
anal canal of animal.
 Preservation of samples.

• Two vulvo vaginal smear slides & two swab

should be preserved for detection of semen &
spermatozoa, gonoccocal infection & any
lubricating material used.
• Any foreign hair if found should be preserved.
 Medico-legal aspects
1. It is criminal offense in India.
2. It is valid ground for divorce.
3. It is cruel to animal & violates the right of
animal of sexual independence.
 SEXUAL PERVESIONS

• SEXUAL PERVERSIONS/ DEVIATIONS/

PARAPHILIAS – are persistently indulged
abnormal and unorthodox sexplay by using
objects or parts of the body or fantasies in which
complete satisfaction is sought and obtained
without sexual intercourse.
• Perversions are acts which are socially prohibited
or unacceptable, or biologically undesirable.
 SEXUAL PERVESIONS
• Sexual paraphilics are usually psychopaths
suffering from mental aberations and conflicts,
socio-sexual maladjustments, psychosexual
imbalances and abnormalities.

• The mental state of the accused should be

determined in all such cases by a psychiatrist.
 SEXUAL PERVESIONS

EXHIBITIONISM :– is obtaining sexual arousal by

exposing genitals to an unsuspecting stranger. It usually
occurs before adulthood.
-punishment up to 3 months or fine.

URANISM:- It is a general term for sexual perversions

which includes sexual gratifications by fingering,
fondling, licking and sucking of the genitalia of
opposite sex.
 SEXUAL PERVESIONS

• UNDINISM – Also known as UROPHILIA

It is sexual excitation at the sight of urine or
people urinating.
 SEXUAL PERVESIONS
• SADISM:- (Active Algolagnia, algos = pain,
lognia = lust or carving ).The term is derived
from the name of a French nobleman, the
Marquis de Sade, infamous for his crimes and
writing. In sadism, sexual gratification is
obtained or increased from acts of physical
cruelty or infliction of pain upon one’s partner.
It is seen more commonly in men. It develops
due to early experiences of brutality in relation
to sex.
 SEXUAL PERVERSIONS

• In SADISM a sadist obtain sexual gratification

or increase it from acts of physical cruelty or
infliction of pain or injuries upon one’s partner
by bite, by whip, produce cots, or by
producing cigarette burns.
 SEXUAL PERVESIONS

• LUST MURDER :- In extreme cases of

sadism, murder serves as a stimulus for the
sexual act and becomes the equivalent of
coitus, In true lust murders, mental disease is
quite frequent.
 SEXUAL PERVERSIONS
• So LUST MURDER is a type of homicide in
which the offender gets erotic satisfaction by
killing.
• It manifests by –
1. Murder during sexual intercourse.
2. Mutilation of victim’s sexual organ, cutting or
stabbing of breasts.
3. Drinking of blood (VAMPIRISM).
 SEXUAL PERVESIONS

• NECROPHILIA:- In it there is desire for

sexual intercourse with dead bodies. The
offence is usually committed on a newly
buried corpse or a body awaiting burial.
Necrophilia and necrophagia are punishable
under S.297,I.P.C. with imprisonment up to
one year and /or fine.
 SEXUAL PERVESIONS
• NECROPHAGIA:- Person after mutilating the
body, sucks or licks the wounds, bites the skin,
drinks the blood and eats the flesh of his
victim to derive sexual pleasure.
• MASOCHISM (Passive Algolagnia ): -This
condition is the opposite of sadism. In
masochism , sexual gratification is obtained or
increased by the suffering of pain.
 SEXUAL PERVESIONS
• Sadism and masochism are rarely found in a
pure state. They are usually found as a
combination with one type dominant over the
other.
• FETICHISM:- A fetish is an abnormal
stimulus or object of sexual desire. Fetichism
means the use of such objects for sexual
gratification.
 SEXUAL PERVESIONS
The person experiences sexual excitement
leading to orgasm from part of the body of the
woman or some article belonging to her that
normally has no sexual influence on the mind,
e.g. underclothing, brassiere, petticoat, stocking,
shoes, etc., which act as substitute for the female
love object.

• It is almost exclusively seen in males.

 SEXUAL PERVESIONS
• TRANSVESTISM OR EONISM:- A
transvestite is a person whose whole
personality is denominated by the desire to be
identified and thought of as a member of the
opposite sex. It is usually found in the males
who obtain sexual pleasure by wearing female
dress. Many cases are associated with
sadomasochism. There is no hormonal
disturbance or genital abnormality.
 SEXUAL PERVESIONS
• SEXUAL ORALISM:- The application of the
mouth to the sexual organs.
• VOYEURISM OR SCOPTOPHILIA:- It is the
counterpart of exhibitionism. It is defined as one
who, experiences recurrent, intense sexually
arousing fantasies, sexual urge or behaviour
involving the act of observing and unsuspecting
person who is naked, in the process of disrobing, or
engaged in sexual activity. This perversion occurs
in case of severe sociopathic personality disorder.
 SEXUAL PERVERSIONS
• VOYEURISM is also called Scoptophilia or
Peeping Tom. In this perversion sexual arousal is
obtained by observing nude individual without their
knowledge.

• Punishment for it is :-
1) On first conviction – 1 yr imprisonment may extend
up to 3 yrs + fine.
2) On second or subsequent – 3 yrs imprisonment may
extend up to 7 yrs + fine.
 SEXUAL PERVESIONS
• TROILISM:- A perverted husband get sexual
satisfaction including his wife to sexual
intercourse with another man and by watching
the same.
• MIXOSCOPIA:- It is a form of voyeurism in
which sexual gratification is obtained by the
sight of others engaged in sexual intercourse.
 SEXUAL PERVERSIONS

• MASTURBATION – Also called ‘ONANISM’

It is deliberate self stimulation of genitalia
resulting in sexual climax.
If privately done it is not an offence.
If publicly performed it is punishable under
S.268,290,294,509,IPC.Fine of 200 rupees, or
imprisonment for 3 months may extends up to
1 yr.
 SEXUAL PERVESIONS
• FROTTEURISM:- It is contact with another
person in order to obtain sexual satisfaction.
Sexual satisfaction is obtained by rubbing his
private parts against a females buttocks, thigh,
breast or genital area in crowds. It is punishable
under S.290, I.P.C. with fine up to 200 Rs.
• BOBBIT SYNDROME:- This is a type of
prevention in which the female partner
amputate the penis of her male partner with a
sharp cutting weapon.
• S.354 D, IPC – STALKING - Whoever follows a
woman and contacts or attempts to contact such
woman to foster personal interaction repeatedly,
despite a clear indication of disinterest by such
woman, or monitors the use by a woman of the
internet , e-mail, or any other form of electronic
communication.
• - punishment is imprisonment up to 3 yrs and fine.

• S.498, IPC – Enticing, taking away or detaining

with criminal intent a married woman,
punishment is imprisonment of 2 yrs + fine.
 Provisions in Cr PC
• S.26 (a) Cr PC – All rape cases should be tried
as far as practicable by a court presided over by
a woman.

• S.53 A, Cr PC – Medical examination of

ACCUSED

• S.164 A, Cr PC - Medical examination of

VICTIM
 S.154 Cr PC
• S.154 (1) Cr PC – If information of offences is given by
a women against whom an offence of rape has been
attempted or committed, then such information shall be
recorded by a woman police officer.
• S.154 (1)(a) Cr PC – In case the victim is mentally or
physically disable, then police officer will record
complain at the residence of the affected person’s choice
in the presence of interpreter or a special educator.
• S.154 (1)(b) Cr PC – Such recording of statement shall
be video-graphed.
• S.157 (1)(b) Cr PC – Investigation in relation to an
offence of rape.

• S.164 (S-A) Cr PC – in case of offence of rape,

judicial magistrate shall record the statement of the
victim.
• If victim is mentally or physically disabled the
magistrate shall take the help of an interpreter or a
special educator in recording the statement and such
recording shall be video -graphed.
• Such statements shall also be considered a statement
in lieu of examination in chief when the case finally
goes to court.
• S.173 (1A) Cr PC – investigation in relation to
rape of a child may be completed with in 3
months from the date on which the
information was recorded by the officer in-
charge of police station.
• S.198 (6) Cr PC – No court can take
cognizance of marital rape, if the wife is <18
yrs, if >1 yr has elapsed from the date of
commission of offences (limitation period).