Report No. 156
12.60. Under this clause the existing section 377 is sought to be substituted by the new section. This existing section makes as unnatural offence punishable and the sentence prescribed is imprisonment for life or imprisonment of either description for a term which may extend to ten years and also shall be liable to be fined.
The Law Commission in its 42nd Report examined the question whether the sentence of imprisonment for life or for the ten years is a serve one. A questionnaire was issued and one of the questions was whether unnatural offences should be punishable at all and the replies received appears to be conflicting. However, having regard to the social values in our country, the Law Commission recommended some changes particularly in respect of punishment.
The Law Commission rightly observed that the sentence of imprisonment for life or ten years in every case is unrealistic and very harsh. They, however recommended that such assault on a minor by an adult should be punishable sever. On those lines, the new section 377 is formulated. So the same may be substituted, on the lines suggested in Chapter IX.