What is Section 377B (the charge in Anwar's case)?

What is Section 377B (the charge in Anwar's case)?

Dr Novandri Hasan Basri

This is Pak Lah's statement regarding Anwar's sodomy charge in court today “You better read your law. If there is rape the accused will have to face action. This is a matter for the law. But I am not lawyer and I won’t get involved. We’ll see what happens in court.” - The STAR

Rape? Not a lawyer?

Nevermind-lah Pak Lah, I am not a lawyer either but at least, I've made an attempt to find some facts or clues of what's happening in our own country.So Pak Lah, here goes....

The SUN(7/8/08)

THE main difference between Section 377B and 377C of the penal code is the element of consent and the penalties, said Bar Council Criminal Law Committee deputy chairman Rajpal Singh.

"Section 377B (the charge in Anwar's case) is where anyone who voluntarily commits carnal intercourse against the order of nature, which is punishable by jail term which may extend to 20 years, and whipping," said Rajpal.

"Section 377C, on the other hand, is where someone commits carnal intercourse against the order of nature on another person without the consent or against the will of the other person, for instance by putting the other person in fear of death or hurt," said Rajpal.

He said the punishment for 377C is more severe in that there is a minimum jail term of not less than five years, and not more than 20 years, and shall also be liable to whipping.

Rajpal said both sections have to be read in context with Section 377A, which was introduced last year to define "carnal intercourse against the order of nature"

Section 377A defines ‘carnal intercourse against the order of nature’. It means basically, any person who has sexual connections with another by the introduction of the penis into the anus and mouth of the other person, said Rajpal. - The SUN

kzso - i'm not a lawyer too