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.
Section 69 of the Bharatiya Nyaya Sanhita criminalises sexual intercourse obtained by deceitful means — including a false promise to marry. A lawyer's PIL before the Kerala High Court argues that the provision violates Articles 14, 15(1), 19(1)(a) and 21 — that it presupposes male-only power, fails to extend protection to the LGBTQIA+ community, and treats women as objects of patriarchal protection rather than autonomous adults. The High Court has issued notice to the Centre. A digest of the section, the constitutional arguments, and what the challenge will turn on.