2018 (9) TMI 1794 - SUPREME COURT

Constitutional Validity of Section 377 IPC - homosexuality - restrictions placed by the section on right to sexuality, right to sexual autonomy and right to choice of a sexual partner - Held that:- It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution - however, such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.

The declaration of the aforesaid reading down of Section 377 shall not, however, lead to the re-opening of any concluded prosecutions, but can certainly be relied upon in all pending matters whether they are at the trial, appellate, or revisional stages.

The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercouse against minors, and acts of beastiality.