NEW DELHI -- India's Supreme Court legalized gay sex in a historic judgment Thursday apparently scrapping the 158-year-old colonial-era law that criminalized homosexuality.

"We have to bid adieu to prejudices and to empower all citizens," Chief Justice of India Dipak Mishra said while reading out the judgment by a five-judge bench.

"Sex between two consulting adults of same gender is not a crime," he added.

In earlier hearings, the apex court said that "no one should have to live in fear because of their sexuality."

The court, in fact, gave the judgment in the wake of petitions seeking decriminalization of homosexuality in this country.

Section 377 of Indian Penal Code says whoever voluntarily has "carnal intercourse against the order of nature with any man, woman or animal" shall be punished by up to 10 years in jail.