Uttar Pradesh had the highest number of cases, a whopping 999, registered under Section 377 of the Indian Penal Code (IPC) during 2016, figures for which are available now.
Kerala came second with 207 cases that fell under the category of “unnatural offences.” Delhi followed with 182 cases, statistics of the National Crime Records Bureau (NCRB) reveals. Figures for 2017 would be available only later this year, Kerala police sources said here on Thursday.
According to the police sources, 2187 cases were registered invoking Section 377 across the country in 2017. The number for Kerala was 198 during the year. The current year has seen as many has 126 cases being registered till July.
The sources say around 10% of the incidents booked under the Section may pertain to sexual intercourse among consenting adults, which the apex court has now decriminalised. Section 377 is an essential element in cases charged under the Protection of Children from Sexual Offences (POCSO) Act.
Sources in the State’s higher judiciary said though the apex court has decriminalised Section 377, it could be a long road to freedom for those who have been booked under it. They would have to move the appropriate superior courts, as the law does not allow a court to review its own decision. That right is vested with the superior courts.
With the latest apex court verdict, a magistrate shall no longer take cognizance of such cases.