Two consenting adults are committing s*x in a room of Guest HOuse. Both the adults are not married and even not in live-in relationship. Its like a case of call girl being called in a room of guest house and both are indulged into s*xual activities. The police raids and catches both the adults red handed. The police book the manager of the guest house as well as both the adults under sections 3,4 and 5 of Immoral Traffic(Prevention) Act. All the accused are out of bail. Whether the lodging of FIR under sections of I. T. ACt is justified. As far as I know about the provisions and purposes of the Act, it has been enacted to prevent the immoral trafficking of the girls for prostitution and running brothel. In the above said example neither the guest house is a brothel nor the girl has been brought to make her prostitute. She has come on her own will to committ the s*x and earn money. However, this act of the adults harms the society and it is against the society.
Now can any experienced lawyer or any one else explain me under what sections of what Act the adults should be booked OR what sections of the what law can apply in the present scenario so that the society is not harmed.
'Sex among consenting adults no statutory offence'
The Supreme Court has said that there is no statutory offence when adults willingly engage in s*xual relations outside the marital settings.
The judgment
“A major girl is free to marry anyone she likes or ‘live with anyone she likes,” said the 41-page judgment, which was released here on Thursday. The bench said there are numerous other decisions both in
Justifying quashing of the cases against Khushboo, the apex court said: “At no point of time the appellant described the s*xual act or said anything that could arouse s*xual desires in the mind of a reasonable and prudent reader.” The court observed that the statement by the actress was made in the context of a survey which has touched on numerous aspects relating to the s*xual habits of people in big cities.
While dismissing the arguments of the complainants, the judges said: “We must also respond to the claim that the appellant’s remarks could have the effect of misguiding young people by encouraging them to indulge in premarital s*x. This claim is a little far-fetched since the appellant had not directed her remarks towards any individual or group in particular.”
Her remarks cannot be construed as an open endorsement of s*xual activities of all kinds. “If it were to be considered so, the criminal law machinery would have to take on the unforceable task of punishing all writers, journalists or other such persons for merely referring to any matter connected with s*x in published materials.” The bench said a culture of responsible reading is to be inculcated amongst the prudent readers.
“Morality and criminality are far from being co-extensive. An expression of opinion in favour of non-dogmatic and non-conventional morality has to be tolerated as the same can not be a ground to penalise the author.”
Misreporting
While on reporting court matters by the journalists, the Supreme Court pulled both electronic and print media for misreporting during the hearing of the case when the judges had made certain observation on Hindu gods
“It is therefore not only desirable but imperative that electronic and news media should also play a positive role in presenting to general public as to what actually transpires during the course of the hearing and it should not be published in such a manner so as to get unnecessary publicity for its own paper or news channel,” the bench observed.
“Police were more sincere before we achieved independence. Now they have grown shoddy. They feel that they are masters therefore they have {the} right to pick up any citizen and put them behind the bars!” this is how Honorable high court Justice J. N. Patel exasperated While following the bail application on Feb. 09, 2010
In Indian law, a woman is only considered vulnerable if she agrees to intercourse on promise of marriage; then, if the man goes back on his promise, she can say that she’s been duped. If an adult woman has consented to s*xual intercourse for anything else, this would border on prostitution.
In India Unfortunately, this leaves the police officers in a dominant position of determining when and under which sections of law the criminal case to register and which one to ignore. As a result citizens are forced to bribe or exert influence or approach to the judicature to get exonerated.
Sir, There is some very important statements in your last posting, that is in your last para Sexual intercourse for anything else, this would border on prostitution... put the police in dominant position...........very true Sir, and very often it is misused by the Police even on innocent couple. Why not legalize prostitutions in India? If an adult wants to make money or whatever it is through Sexual intercourse but in a descent manner why on earth should any one stopt or prohibit it. we know that there are call girls in some top Star Hotel but they are out of the reach of the police, but those below are made a victims of the Police and whatever they earn goes to the police. So why not Legalized Prostitutions? And Admin why do you always put * in the word s*x but the word intercourse is always displayed in full why? it is like high call girls and low call girls.
Total likes : 1 times
QUOTE
when and under which sections of law the criminal case to register and which one to ignore. As a result citizens are forced to bribe or exert influence or approach to the judicature to get exonerated
UNQUOTE
CONGRATULATION MR TANWAR. YOU MAKE THE POLISHING SYSTEM NACKED.
Total likes : 1 times
Our Network Sites
N.K.Assumi
