Supreme Court of India

Suresh Kumar Koushal and Another v. Naz Foundation and Others

Neutral citation
Bench G.S. Singhvi and Sudhansu Jyoti Mukhopadhaya JJ.
Decided 11 December 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Section 377 IPC does not suffer from the vice of unconstitutionality and B the declaration made by the Division Bench of the High court is legally unsustainable.

Judgment, page 139

From the headnote

Penal Code, 1860: s. 377 - Constitutional validity of - Whether suffers from the vice of arbitrariness and irrational classification and whether violative of Art. 21 - To the extent, it penalizes sexual acts in private between consenting adults - Held: s. 377 /PC does not suffer from the vice of unconstitutionality - Those who indulge in carnal intercourse in the ordinary course and those who indulge in carnal intercourse against the order of nature, constitute different classes - People falling in the later category cannot claim that s. 37.7 suffers from vice of arbitrariness and irrational…

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