Which of the following statements accurately states the legal and constitutional position laid down by…
In Navtej Singh Johar v. Union of India (2018), a five-Judge Constitution Bench of the Supreme Court overruled Suresh Kumar Koushal v. Naz Foundation (2014) and held that…
Choose your answer
Which of the following statements accurately states the legal and constitutional position laid down by the Supreme Court in Navtej Singh Johar v. Union of India (2018) and reflected in the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer B
In Navtej Singh Johar v. Union of India (2018), a five-Judge Constitution Bench of the Supreme Court overruled Suresh Kumar Koushal v. Naz Foundation (2014) and held that consensual sexual conduct between adults in private is protected by the fundamental rights to equality, non-discrimination, freedom of expression, dignity, and privacy under Articles 14, 15, 19, and 21 (reading down former Section 377 IPC). Consistently with this ruling, the Bharatiya Nyaya Sanhita, 2023 omits the erstwhile unnatural-offences provision altogether, while non-consensual sexual offences against women (Sections 63–71 BNS) and sexual offences against children (under the POCSO Act, 2012 and Chapter V of the BNS) remain strictly punishable.
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