Section 377: Supreme Court to reconsider, review law criminalising gay sex

A bench headed by Chief Justice Dipak Misra said the issue arising out of section 377 of the IPC required to be debated upon by a larger bench.

Section 377 of IPC: SC to reconsider, review law criminalising gay sex
A bench headed by Chief Justice Dipak Misra said the issue arising out of section 377 of the IPC required to be debated upon by a larger bench. Photo: PTI
By: ABP News Bureau
Updated: 08 Jan 2018 04:46 PM
NEW DELHI: The Supreme Court on Monday said it will reconsider its verdict upholding Section 377 of the Indian Penal Code that criminalises gay sex.

A bench headed by Chief Justice Dipak Misra said the issue arising out of section 377 of the IPC required to be debated upon by a larger bench.


"Our earlier order needs to be reconsidered," said Justice Misra.

The bench comprising Justice Misra and Justices A M Khanwilkar and D Y Chandrachud was hearing a fresh plea seeking to declare section 377 as unconstitutional to the extent that it provides prosecution of adults for indulging in consensual gay sex.

The fresh plea will now also be heard by the larger bench.

In 2009, Delhi High Court had quashed the law saying gay and lesbian sex in private between consenting adults was not a crime. The apex court had in 2014 set aside the Delhi High Court verdict decriminalising the gay sex.

Section 377 of the IPC refers to 'unnatural offences' and says whoever voluntarily has carnal inter course against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to pay a fine.
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