Consensual relationships between adults are not a crime

CaseNavtej Singh Johar v. Union of IndiaCourtSupreme Court of IndiaDecided6 Sept 2018Bench5 judges (unanimous)
In one line

Consensual sexual relations between adults in private are no longer a crime.

What happened

A group of petitioners challenged Section 377 of the Indian Penal Code, which made consensual same-sex relations a crime.

What the court decided

  • Section 377 was read down: it no longer applies to consensual acts between adults in private.
  • The 2013 judgment that had upheld Section 377 was overruled.
  • Non-consensual acts and acts involving minors remained offences.

What it means for you

  • Adults cannot be prosecuted for a consensual private relationship.
  • Dignity, privacy and equality apply to everyone.
  • Harassment or blackmail can be reported to the police.

Source: Judgment of the Supreme Court of India in Navtej Singh Johar v. Union of India, decided on 6 Sept 2018.

This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.

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