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Regarding offence has committed or not

(Querist) 13 September 2012 This query is : Resolved 
There is a case where a 23 year old boy has a friendship with a girl of 14 years. They used to chat on phone also calls to each other but ocassionally. The friendship last for hardly 15 days. But in these days one day boy shows his desire that he wants to touch her private parts of her body. He also asked her what she wants from him. He asked her on phone also on sms. He requested her also pleased her. But the girl said we will see. After this incident both talked to each other in a friendly manner. The girl and boy both behaved normally. They used to chat like friends. After that day they didn't talk on that topic i.e the desire shown that boy. Later both got busy in their work. After few days the friendship ends. In this incident nothing happens between the boy and the girl. The only thing happened is the desire shown by the boy to the girl and in reply girl said we will see. This happened on phone as well as in sms.In this the boy has committed any offence? If yes. What is the offence and punishment? please solve this query as soon as possible.
ajay sethi (Expert) 13 September 2012
Section 509. Word, gesture or act intended to insult the modesty of a woman



Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.


Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the woman whom it was intended to insult or whose privacy was intruded upon with the permission of the court.



ajay sethi (Expert) 13 September 2012
Under Section 509 of the IPC, obscene gestures, indecent body language and acidic comments directed at any woman or girl or exhibits any such object or intrudes upon the privacy of woman carries a penalty of simple imprisonment for one year or a fine or both.

it is compoundable offence

Section 298 (A) and (B) of the Indian Penal Code (IPC), which sentences a man found guilty of making a girl or woman the target of obscene gestures, remarks, songs or recitation to a maximum jail sentence of three months
malipeddi jaggarao (Expert) 14 September 2012
The girl is minor. If anybody complains of this offence, it will be dealt with as Mr.Ajay Sethi explained above. If the girl keeps silent and nobody complains, the matter may then and there. But one should be very careful and avoid this type of situations. Instead of worrying for the past, better be sincere in friendship hereafter.
Sagar wankhede (Querist) 16 September 2012
But everything is done with the consent of the girl. She has no objection in such talk or chat. She herself was interested in such type of conversations. The girl is silent, then what should be the limitation period for this.
Arun Kumar Bhagat (Expert) 25 October 2012
Consent of a girl of 14 years is non-est in the eyes of law.


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