Day 5 Arguments

Constitutionality of Section 377 IPC

Day 5 Live: 6th September, 2018 – Delivery of Judgement

The five-judge bench began delivering its judgement at 11.30 A.M. The bench has partially struck down Section 377. The Court has decriminalised same-sex intercourse between consenting adults. The parts of Section 377 dealing with non-consensual intercourse and bestiality still stand. Suresh Koushal, where the Court upheld Section 377, has been overruled.

Read our plain english short summary of the judgement here. Read the full judgement here. Four judges – CJI Misra, Justice Nariman, Justice Chandrachud and Justice Malhotra – wrote concurring opinions.

Understand what each Justice held on each issue using our judgement matrix.

What were the possible options the Court had before passing its judgement? Read our pre-judgement matrix.


For a general description of the case, click here. For detailed reports of prior oral arguments see below: