The government has decided to exclude Section 377 and Section 497 from the Bharatiya Nyaya (Second) Sanhita Bill, 2023, despite the recommendations of the parliamentary standing committee on home affairs. Section 377, which relates to unnatural sex, was read down by the Supreme Court but the committee recommended its retention for non-consensual acts. The committee also recommended retaining Section 497, which deals with adultery, to protect the institution of marriage. Additionally, the BNS Bill introduced a new Section 73 to protect the identity of survivors of rape and sexual offences.
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