ValkyaEditorial

Tagged “ipc”

3 articles on ipc.

Landmark JudgmentSupreme Court of India

Ashwini Kumar Upadhyay v. Union of India: dismissing the hate-speech batch

On 29 April 2026, a two-judge bench dismissed thirteen writs, two SLPs and eight contempts in the long-running hate-speech batch, holding that constitutional courts cannot create criminal offences, that no legislative vacuum exists in the IPC/BNS framework, and that police failure to register a suo motu FIR is not, by itself, contempt.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Navtej Singh Johar v. Union of India: the unanimous decriminalisation of consensual same-sex conduct

On 6 September 2018, a five-judge Constitution Bench unanimously read down Section 377 of the Indian Penal Code in so far as it criminalised consensual sexual conduct between adults. The judgment overruled Suresh Kumar Koushal (2013), deployed the Puttaswamy privacy framework, and supplied four substantial concurring opinions on dignity, equality and constitutional morality. A digest of the holding, the reasoning, and the doctrinal lineage.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

Joseph Shine v. Union of India: the unanimous striking down of Section 497 IPC

On 27 September 2018 — three weeks after Navtej Singh Johar — a five-judge Constitution Bench unanimously struck down Section 497 IPC, the colonial-era adultery provision that had treated the wife as the husband's property and the consenting adulterer as a thief of marital chastity. Four concurring opinions deployed the dignity and equality framework to dismantle a provision that had survived more than a century and a half of constitutional silence. A digest of the holding, the doctrinal architecture, and the relationship with the BNS framework.

Valkya Editorial··10 min