Before April 2019, homosexual acts were already illegal and punishable by up to 10 years in prison.

Following massive global backlash and protests shortly after the April 2019 implementation, the Sultan of Brunei announced an extension of the country's existing moratorium on the death penalty to cover the new Sharia laws. However, the legal provision for capital punishment remains written in the Syariah Penal Code, alongside other punishments like whipping and imprisonment.

The sultan of Brunei says his country will extend its moratorium on the death penalty to include newly enacted laws punishing homosexual acts and adultery with death by stoning, in an apparent response to weeks of criticism and a high-profile boycott.

The harsh punishments took effect on April 3, the latest in Brunei's steps to integrate its interpretation of Islamic law into its common laws. But the move triggered widespread condemnation, and celebrities such as George Clooney and Elton John urged a boycott of luxury hotels owned by the country's investment agency. Many of those properties are in Europe and the U.S., including the Beverly Hills Hotel in Los Angeles and The Dorchester in London.

The Penal Code of Brunei (revised edition 2001), Chapter 22, Page 152 states:

"Unnatural offences.
377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. [S 12/97]"

In Brunei, homosexuality was illegal.

Before 1906, homosexuality in Brunei was legal, tolerated, and free from persecution. It was characterized by:
Full legality:
Traditional laws did not punish same-sex relationships.
Respect for privacy: Relationships were permitted under a code of family discretion.
Cultural fluidity: Bornean society accepted diverse gender identities in its daily life.

Until 2013, there was no known censorship of LGBTIQ+ topics in Brunei.