In the absence of an explicit constitutional right not to be criminalised, unprincipled criminalisation can be regulated by re-structuring the policy of criminalisation along the principles of constitutional morality. The concept of constitutional morality was reviewed in the recent Indian case of Naz Foundation where the High Court of Delhi held that criminalisation of homosexuality is unconstitutional. The court identified "diversity" as an important aspect of constitutional morality and rejected the Devlin- type public morality argument to conceptualise wrongful harm. Unprincipled criminalisation of harmless conducts like passive begging and homosexuality is founded on notions of public morality rather than on the mandate of constitutional morality. The paper argues that the policy of criminalisation must be guided by constitutional principles. The manner in which the Delhi High Court employs the notion of constitutional morality is exemplary and it has far reaching implications in reformulating the policy of criminalisation. In the contemporary times when the states are required to conform to the normative framework of human rights, constitutional morality can play a vital role in guiding public policy decision