Navtej Singh Johar v Union of India (2018)

BNS · Sexual Offences

Facts.

Petitioners challenged s.377 IPC insofar as it criminalised consensual same-sex relations.

Issue.

Does criminalising consensual adult same-sex conduct violate fundamental rights?

Held.

Yes. s.377 was read down to decriminalise consensual adult conduct (Arts. 14, 15, 19, 21); it survives only for non-consensual acts, minors and bestiality. Not re-enacted in the BNS.

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