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Supreme Court of India

Suresh Kumar Koushal and Another v. Naz Foundation and Others

Neutral citation
Reported as [2013] 17 S.C.R. 116
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

Authorities it was built on

Where later benches applied it

Of those, 1 referred to · 4 mentioned

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