Is Extra Marital Consensual Gay Relationship A Crime? Read What Bombay HC Said

Ashok Kini

31 Jan 2019 8:01 PM IST

“In the present case, both were having an extra marital consensual sexual relationship. Though it may be a ground for divorce on the ground of cruelty to the complainant, it does not constitute offence under section 377 because both are adults and had sexual relationship by consent.”

Discharging a man accused under Section 377 IPC, the Bombay High Court observed that extra marital consensual sexual relationship is not a criminal offence, in view of Supreme Court judgment in Navtej Singh Johar vs. Union of India. Long back in 2009, a woman had filed a complaint against her husband and his gay partner. According to her, after 4 to 5 years of their marriage in 1994,...

Is Extra Marital Consensual Gay Relationship A Crime? Read What Bombay HC Said

Ashok Kini

“In the present case, both were having an extra marital consensual sexual relationship. Though it may be a ground for divorce on the ground of cruelty to the complainant, it does not constitute offence under section 377 because both are adults and had sexual relationship by consent.”

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