Sexual offences and forensic psychiatry: Navtej Singh Johar: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Sexual offences and forensic psychiatry: Navtej Singh Johar

Sample item

In Navtej Singh Johar v Union of India (2018), what did the Supreme Court hold about Section 377 of the Indian Penal Code?

AIt is struck down entirely, including non-consensual actsBIt is unconstitutional insofar as it criminalises consensual acts between adults in privateCIt is valid but police must not prosecute itDIt is valid and criminalises all unnatural acts

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

B. It is unconstitutional insofar as it criminalises consensual acts between adults in private

The Court read down Section 377 and held it unconstitutional as applied to consensual sexual conduct between adults in private. Non-consensual acts and acts with minors or animals remained punishable.

Option by option

A. It is struck down entirely, including non-consensual acts
Non-consensual acts and acts with minors were not decriminalised.
B. It is unconstitutional insofar as it criminalises consensual acts between adults in private (correct)
Correct. The provision was read down for consensual adult acts in private.
C. It is valid but police must not prosecute it
The Court did not leave the provision in force with a mere police direction.
D. It is valid and criminalises all unnatural acts
The Court did not uphold the criminalisation of consensual acts.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is B, It is unconstitutional insofar as it criminalises consensual acts between adults in private. The Court read down Section 377 and held it unconstitutional as applied to consensual sexual conduct between adults in private.

Why is "It is struck down entirely, including non-consensual acts" not the answer?

Non-consensual acts and acts with minors were not decriminalised.

Why is "It is valid but police must not prosecute it" not the answer?

The Court did not leave the provision in force with a mere police direction.

Why is "It is valid and criminalises all unnatural acts" not the answer?

The Court did not uphold the criminalisation of consensual acts.

What concept does this question test?

It tests Sexual offences and forensic psychiatry: Navtej Singh Johar in Forensic Medicine. Non-consensual acts and acts with minors or animals remained punishable.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Sexual offences and forensic psychiatry: Navtej Singh Johar?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.