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Section 377 of the Indian Penal Code, which the Supreme Court read down in 2018, related to:
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Answer: Option D — Unnatural offences, used to criminalise homosexuality
Detailed Solution
Section 377 of the Indian Penal Code dealt with "unnatural offences" and was used to criminalise consensual sexual acts between adults of the same sex.
History of Section 377:
- It was introduced by the British in 1860 as part of the IPC, based on Victorian morality.
- It punished "carnal intercourse against the order of nature" with imprisonment for life or up to ten years.
The legal battle:
- In 2009, in the Naz Foundation case, the Delhi High Court decriminalised consensual same-sex relations between adults.
- In 2013, in the Suresh Kumar Koushal case, the Supreme Court overturned the Delhi High Court judgment and restored Section 377.
In 2018, in the Navtej Singh Johar v. Union of India case, a five-judge Constitution Bench unanimously held that Section 377 was unconstitutional to the extent that it criminalised consensual sexual acts between adults.
The judgment in Navtej Singh Johar (6 September 2018):
The bench included Chief Justice Dipak Misra and Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra.
The Court held that Section 377 violated Articles 14, 15, 19 and 21.
It said that sexual orientation is a natural part of a person's identity and that discrimination on that basis violates dignity and privacy.
The Court relied on the right to privacy recognised in the Puttaswamy case.
The section remained in force for non-consensual acts, acts with minors and bestiality.
Lawyers in the case:
Menaka Guruswamy and Arundhati Katju were among the lawyers who argued against Section 377.
Later developments:
- In 2023, the Supreme Court declined to legalise same-sex marriage, saying that it was for Parliament to decide, but it recognised the rights of queer persons against discrimination.
- The Bharatiya Nyaya Sanhita, which replaced the IPC in 2024, does not contain a provision equivalent to Section 377.
Why not the other options?
- ✗Sedition was dealt with under Section 124A.
- ✗Adultery was dealt with under Section 497, which was struck down in 2018.
- ✗Attempt to commit suicide was dealt with under Section 309.
Quick tip
Remember: Section 377 IPC = unnatural offences; read down in the Navtej Singh Johar case (6 September 2018).
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.