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In 2018, a five-Judge Constitution Bench of the Supreme Court overruled Suresh Kumar Koushal and…

On 6 September 2018, a five-Judge Constitution Bench of the Supreme Court in Navtej Singh Johar v. Union of India, (2018) 10 SCC 1, overruled Suresh Kumar Koushal v. Naz…

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In 2018, a five-Judge Constitution Bench of the Supreme Court overruled Suresh Kumar Koushal and adjudicated that criminalising consensual sexual conduct between adults in private violates the doctrines of constitutional morality and transformative constitutionalism as well as Articles 14, 15, 19, and 21 of the Constitution (a position now reflected in the Bharatiya Nyaya Sanhita, 2023) in which of the following cases?

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On 6 September 2018, a five-Judge Constitution Bench of the Supreme Court in Navtej Singh Johar v. Union of India, (2018) 10 SCC 1, overruled Suresh Kumar Koushal v. Naz Foundation (2014) and declared the criminalisation of consensual sexual acts between adults in private (under formerly s.377 IPC) unconstitutional as violating Articles 14, 15, 19, and 21. In conformity with this constitutional ruling, the Bharatiya Nyaya Sanhita, 2023 does not criminalise consensual sexual acts between adults.

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