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All sexual acts between the members of the same sex, consensual or forced, was previously a crime under Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment the same as that of rape but it was later overturned in a landmark judgement of the Supreme Court on 6 September 2018 which stated all consensual sexual acts between adults who have met the age of consent are not violative of Section 377, hence decriminalizing gay sex in India.
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After 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act 2013, which also raised the legal age of minor to eighteen.§375. Fifthly.–– With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent. –– With or without her consent, when she is under eighteen years of age. Explanation 2.–– Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act; Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. A medical procedure or intervention shall not constitute rape; 2.
The above definition excluded marital rape, same sex crimes and considered all sex with a minor below the age of sixteen as rape. –– With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. –– With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Explanation 1.–– For the purposes of this section, "vagina" shall also include labia majora.
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