Which of the following accurately states the current legal position under the Bharatiya Nyaya Sanhita,…
In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that consensual sexual conduct between adults in private is protected under Articles 14, 15, 19 and 21…
Choose your answer
Which of the following accurately states the current legal position under the Bharatiya Nyaya Sanhita, 2023 and the Constitution of India regarding consensual sexual conduct in private between two adults?
Answer and explanation
Correct answer A
In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that consensual sexual conduct between adults in private is protected under Articles 14, 15, 19 and 21 of the Constitution of India (reading down erstwhile Section 377 of the Indian Penal Code, 1860). The Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024, omits any provision criminalising consensual sexual acts between adults in private. None of Chapter V, Section 4(f), or Section 85 (cruelty by husband or his relatives) criminalises consensual sexual relations between adults in private.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Madhya Pradesh Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision