Consensual sexual relationship between adults, decriminalized: Gujarat HC
Last Updated on October 14, 2024 by Shianjany Pradhan
Bail was granted by the Gujarat High Court to a 22-year-old man who was booked under section 377 of the Indian Penal Code after it was found prima facie that he had a consensual sexual relationship with the complainant-man.
Observations
Justice Hasmukh D Suthar said that the Supreme Court has already decriminalized any consensual sexual activity between adults with the case of Navtej Singh Johar v. Union of India in 2018.
The complainant also alleged that he committed extortion under sections 386 and 389 of the IPC, but no evidence regarding the same was found that he caused any sort of grievous injury to the complainant.
The said offenses were alleged by a 64-year-old man, after which an application for bail was put forward to the high court on the grounds of false implication.
The court observed that the trial would take time, but during that time, putting the accused behind bars would be a pre-trial conviction.
Conclusion
The court upheld the principle that bail is the rule; jail is an exception, as well as the personal liberty that has been enshrined in the Indian Constitution.
The court granted the bail.
