Updated on Thursday, July 02, 2009, 21:49 IST

New Delhi, July 02: The Law Commission's report recommending scrapping of section 377 of the Indian Penal Code which provides punishment for homosexual acts came handy for the Delhi High Court which on Thursday legalised gay sex among the consenting adults.

In its 172nd report, the Commission had recommended deletion of Section 377 IPC prescribing maximum sentence upto life term and sought review of laws on sexual offences.

"Conclusively, the Section 377 of the IPC in the opinion of the Commission deserves to be deleted in the light of recommended amendments. However persons, having carnal intercourse with any animal, were to be left to their just deserts.

"Though the Law Commission report would not expressly say so, it is implicit in the suggested amendments that elements of 'will' and 'consent' will become relevant to determine if the sexual contact (homosexual for the purpose at hand) constitute an offence or not," a Bench of Chief Justice A P Shah and Justice S Muralidhar said in the verdict.

While decriminalising homosexual acts among consenting adults, it said its ruling will remain as law "till, of course, Parliament chooses to amend the law to effectuate the recommendation of the Law Commission report which we believe removes a great deal of confusion."

Justice B P Jeevan Reddy, former Supreme Court judge who was the chairman of Law Commission, had submitted a report in March 2000 recommending a vast review in rape and sexual assault laws.

Bureau Report