The Delhi High Court on Thursday gave a landmark judgement that de-criminalises homosexuality.
The Delhi High court's ruling that homosexual sex among consenting adults is not a crime has boosted an increasingly vocal pro-gay lobby in India that says the British-era law was a violation of human rights.
The earlier law banned "sex against the order of nature", and was a criminal offence punishable by up to 10 years in jail.
Gay rights activists hailed the court verdict as historic and many supporters of homosexuality were seen celebrating with sweets and smearing each other with vermilion.
The ruling applies to all of India, but can be appealed in the Supreme Court.
Gay rights activists also argue the law, framed in 1861, was an impediment in fighting against HIV/AIDS because many homosexuals refuse to come out in the open fearing harassment by authorities.
Consensual sex amongst adults is legal which includes even gay sex and sex among the same sexes, said a two-judge bench of the Delhi High court.
Petitions to change the 1861 law have so far been firmly rejected by the government but there has been some softening of the stand in recent years, with officials saying the possibility of revoking the ban was being discussed.
Thursday's court verdict came after nine years of legal proceedings initiated by India's gay groups.
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