Supreme Court · 2013 INSC 823 · Decided 11 December 2013
Suresh Kumar Koushal and Another v. Naz Foundation and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 823 · [2013] 17 S.C.R. 116
- Case number
- CIVIL APPEAL No. 10972/2013
- Decided
- 11 December 2013
- Bench
- G.S. SINGHVI, S. J. MUKHOPADHAYA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 377; Constitution Article 14, 15, 21, 13, 19
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 D does not 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 E arbitrariness and
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