LAW FOR ALL

In view of the aforesaid findings, it is declared that insofar as Section 377 criminalises 51 consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion. ii. The declaration of the aforesaid reading down of Section 377 shall not, however, lead to the reopening of any concluded prosecutions, but can certainly be relied upon in all pending matters whether they are at the trial, appellate, or revisional stages. iii. The provisions of Section 377 will continue to govern non-consensual sexual acts against adults, all acts of carnal intercouse against minors, and acts of beastiality. iv. The judgment in Suresh Kumar Koushal & Anr. v. Naz Foundation & Ors.57 is hereby overruled for the reasons stated in paragraph 19.