ITEM NOS.108 + 121 COURT NO.1 SECTION II-E
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.) Nos. 4063-4064/2022
[Arising out of impugned judgment and order dated 23-03-2022 in WP No. 48367/2018 23-03-2022 in WP No. 50089/2018 passed by the High Court of Karnataka at Bengaluru]
HRISHIKESH SAHOO Petitioner(s)
VERSUS
THE STATE OF KARNATAKA & ORS. Respondent(s)
WITH
W.P.(C) No. 1022/2019 (PIL-W)
C.A. No. 6787/2022 (XIV-A)
C.A. No. 6793/2022 (XIV-A)
C.A. No. 4926/2022 (XIV-A)
C.A. No. 6794/2022 (XIV-A)
W.P.(C) No. 1119/2022 (PIL-W)
W.P.(Crl.) No. 197/2025 (PIL-W)
W.P.(Crl.) No. 217/2026 (PIL-W)
WITH
ITEM NO. 121
Writ Petition(s)(Civil) No(s). 326/2024
Date : 09-09-2026 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
HON'BLE MRS. JUSTICE V. MOHANA
[NyayVidhan note: the lists of interlocutory applications in each matter and the appearances of counsel for the petitioners and respondents (pages 1-7 of the PDF; among them the Solicitor General of India, Mr. Tushar Mehta, and the Additional Solicitor General, Mr. K.M. Nataraj) are omitted here; see the PDF. The order's own paragraph numbers are kept. Paragraph 1 dates the High Court judgment 23.02.2022; the cause title dates it 23-03-2022. The digital-signature stamp and page numbers are omitted.]
UPON hearing the counsel the Court made the following
O R D E R
1. The lead case, i.e., SLP (Criminal) Nos.4063-4064/2022 arising out of the judgment dated 23.02.2022 of the High Court of Karnataka and various SLPs/Writ Petitions/PILs, which have been subsequently tagged thereto revolve around the issue of reading down Exception 2 to Section 375 of the IPC as well as the constitutionality of that provision and Exception 2 to Section 63 of the BNS, which has come into force with the repealment of the IPC. Other allied issues also arise for consideration.
2. Learned Solicitor General of India states that the counter affidavit filed by the Union of India in the lead case, i.e., SLP (Criminal) Nos.4063-4064/2022 may be treated as a reply in the connected matters also. He states that copies thereof shall be supplied to all the learned counsel in the connected matters within two days.
3. We are informed that other pleadings are complete. The Nodal Counsel, Ms. Pooja Dhar and Ms. Jaikriti S. Jadeja, learned AORs, may compile the pleadings, prepare a convenience compilation and a separate set of the judgments relied upon by the parties. The pleadings, convenience compilation, as well as the citations of judgments to be relied upon may be exchanged within three weeks.
4. Post these matters for final hearing on 18.11.2026.
5. The parties may also exchange the proposed questions of law that arise for consideration.
(NITIN TALREJA) (PREETHI DILEEP KUMAR)
ASTT. REGISTRAR-cum-PS DY. REGISTRAR
Hrishikesh Sahoo v. The State of Karnataka & Ors.
The text below is reproduced from the judgment for reference. The article summarises the Court's decision; refer to the original judgment for the authoritative text.