Sexual Conduct Law – Bhutan

Legal Framework

Bhutan’s sexual conduct laws are shaped by its Penal Code of Bhutan and by cultural norms rooted in Buddhism and social conservatism. Sexual offences are clearly defined, with penalties that can include imprisonment, fines, and public record of conviction. While Bhutan does not operate under Sharia law, social enforcement through reputation and community norms is strong.

Key Offences & Punishments

• Adultery – Criminalized under the Penal Code if it causes harm to a spouse or family; punishable by imprisonment of up to 1 year.
• Rape – Defined as non-consensual sexual intercourse; penalties range from 5 years to life imprisonment depending on circumstances.
• Statutory Rape – Sexual contact with minors below the age of consent (16 years) carries severe penalties, often a minimum of 9 years imprisonment.
• Homosexual Acts – Until 2021, “unnatural sex” was criminalized; now decriminalized, but public sexual activity of any kind is prohibited.
• Public Indecency – Engaging in sexual acts in public spaces can lead to fines and up to 3 years imprisonment.
• Prostitution – Illegal, with penalties for both the sex worker and client, usually 1–3 years imprisonment.

Cultural Enforcement

Bhutan’s small population and tight-knit communities mean social stigma can be as impactful as legal penalties. Public displays of affection are minimal, and sexual relationships outside of marriage are viewed negatively. While tourism areas may seem more relaxed, locals often avoid any behaviour that could damage their reputation or family honour.

Notable Provisions

“A defendant shall be guilty of the offence of adultery, if the defendant engages in consensual sexual intercourse with another person, other than the spouse, causing the spouse to suffer substantial harm.” — Penal Code of Bhutan, Section 216

“A defendant shall be guilty of the offence of rape, if the defendant engages in sexual intercourse with another person without consent or with a child below the age of sixteen years.” — Penal Code of Bhutan, Section 177

Practical Notes for Foreigners

• Always ensure clear, informed consent, and be aware of the age of consent (16 years).
• Married persons engaging in extramarital affairs risk both legal and social consequences.
• Same-sex relationships are legal, but discretion is advised due to conservative attitudes.
• Do not engage in transactional sex — it is illegal and punished for both parties.