Why 377B of the Penal Code? Section 377B of the Penal Code explains offences involving carnal intercourse against the order of nature which means both parties had consented to the said offence. Meanwhile, S.377C of the Penal Code explains offences involving carnal intercourse against the order nature without consent. Talking about interpretation is open then whats the use of S.377C, as said by the DPP. Thats what i feel after reading the report from Malaysiakini
PKR leader Anwar Ibrahim questioned why he was the only one brought to court if he supposedly had ‘consensual’ unnatural sex with his former aide.
“If it is consensual, why was I the only one being charged? This is a political persecution,” he told reporters upon his release on personal bond after being charged with sodomy at the Kuala Lumpur Sessions’ Court this morning.
Anwar was charged with having committed sodomy with Mohd Saiful Bukhari Azlan under Section 377B of the Penal Code on June 26 between 3.01pm and 4.30pm at Unit 11-5-1 Desa Damansara Condo in Bukit Damansara, Kuala Lumpur.
According to Anwar’s lawyers, Section 377B refers to consensual sex, not assault.
The former deputy premier was initially expected to be charged under section 377C which reads "committing carnal intercourse against the order of nature without consent”.
Deputy public prosecutor Hanafiah Zakaria however told the media that the interpretation of section 377B is open on whether the offence was done with or without consent as the provision is silent on the word ‘consent’.
PM under fire again
Anwar also continued his scathing attacks on Prime Minister Abdullah Ahmad Badawi for pursuing the sodomy charge.
“This is dirty politics of a man who is losing support and very soon will lose power,” he said.
Yesterday, Anwar called Abdullah a “man under siege” and allegedly orchestrating the “sham trial” against him to deflect attention away from the latter. The premier has denied the allegation.
“The charge is meant to embarrass me, nothing else, but I am not embarrassed,” stressed Anwar, who also described the case has been handled in a “haphazard” manner.