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LoneFighter (IT)     13 August 2014

Is consensual oral sex with a girl friend considered a crime

Sorry for asking this query...

I was just wondering if consensual oral s*x is considered a crime in india??

If yes, What could be the punishment and is the punishment given to both man and woman if its proved in the court?



Learning

 6 Replies

laxmi kant joshi (instructor)     13 August 2014

No , upto not making any complaint against it , if she complains that you had done oral s*x by doing promise of your marriage now you are refusing for it then you will charged under rape .

LoneFighter (IT)     13 August 2014

Thanks Experts. 

This has happened to my friend. He never made a promise. But she did made a very big fake story that promise was made in 2010 at her home and her family paid money to a few people for eye evidence that my friend has visited our house. But clearly she did not mention the dates of promise. Just by eye evidence proof, will it sustain. If none of the conversations has anything related to love or marriage, will court still believes in her argument. 

She has mailed him to call her on the next day of filing the complaint and also kept caling him after the case was filed. This clearly says that the case has been filed to threaten him for marriage. 

She started asking for marriage only in 2013 and kept threatening that she is going to commit suicide if he wont marry her, But my friend dont have any messages, she tortured him so much and this happened in 2013. He wanted to get out of it, so deleted the cell messages. 

I was just wondering, how could text messages and whatsapp be considered a valid evidence, since its just a one sided conversation if its only inbox items.  

She has even tried to oust him from the job by mailing his company. 

I dont expect anything would do be so cruel just because they could not get someone budge for them. I want to fight for my friend, since i know him very well from childhood. He has been honest in his life so far and put everyone else's needs before his. He quit a better opportunities for family and keeps donating money for charities. He is a good guy and he dont deserve this. I want to help him, but dont know how.

1 Like

LoneFighter (IT)     13 August 2014

Luckily there are a few chats that she saying she wants to do oral and she wants him to do s*x with her. That doesnt have any message related to marriage or anything. 

She even seen a few guys for marriage atleast a 10 guys but didnt mention anything about that in complaint. 

Story she has made up that it has happened in 2010, hw could my friend disprove it. 

I was just wondering if he can prove court that they have tampered evidence, will the court strike off the case ?

digvijay   16 April 2015

You will be charged for rape in case she files an FIR. You'll have to prove your point to defend yourself.

CompelledToLearnLaw (Financial Examiner)     16 April 2015

On the point of oral s*x, I disagree with everyone here. Consensual or non-consensual oral s*x will attract IPC 377. The Indian Penal Code frowns upon people who dare to gratify themselves through oral s*x, anal s*x, or through any other style of penetration except v**ginal penetration. The said Code looks to put such dangerous criminals behind bars for 10 years. It's a stupid law but it's a law. Asaram is a good example of someone facing IPC 377 due to oral s*x accusations.

 

IPC 377.: Unnatural offences.—Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris­onment of either descripttttion for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

 

An excerpt from the argument used against 377 to the Supreme Court:

 

“A study of the cases shows that application has become inconsistent and highly varied. From excluding oral s*x to now including oral s*x, anal s*x and penetration into artificial orifices such as folded palms or between thighs by terming them as imitative actors or acts of s*xual perversity, the scope has been so broadened that there is no reasonable idea of what acts are prohibited. It is only clear that penile v**ginal acts are not covered.”

 

An excerpt from the Supreme Court’s judgment of the same case:

 

“Nonetheless in light of the plain meaning and legislative history of the section, we hold that Section 377 IPC would apply irrespective of age and consent.”

Reference:

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41070

 

 

Kumar Doab (FIN)     10 August 2018

Also oral s*x may be termed cruelty.


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