What is the legal position under the Bharatiya Nyaya Sanhita, 2023 regarding the erstwhile offence of…
Following the five-Judge Constitution Bench ruling in Navtej Singh Johar v. Union of India (2018), which held the criminalisation of consensual sexual conduct between adults…
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What is the legal position under the Bharatiya Nyaya Sanhita, 2023 regarding the erstwhile offence of "unnatural offences" (intercourse against the order of nature), which had earlier been held unconstitutional in Navtej Singh Johar v. Union of India (2018) to the extent that it criminalised consensual sexual relations between adults?
Answer and explanation
Correct answer A
Following the five-Judge Constitution Bench ruling in Navtej Singh Johar v. Union of India (2018), which held the criminalisation of consensual sexual conduct between adults in private (under former Section 377 IPC) unconstitutional, the Bharatiya Nyaya Sanhita, 2023 completely omits any standalone provision on unnatural offences against the order of nature. The other options misstate the provisions of the BNS.
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