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Sajid Sheikh (Student)     05 July 2010

IS SEX AT HOME A CRIME...??

Sir I have a query which I wanted to seek answer from your expertise. Day and then we get news about people caught having s*x at home or hotel or some apartment and police raided there. Sir, I am a layman so i feel amazed at the intervention of police on the issue of having s*x at appropriate age and moreover with mutual consent." My question is can a person unmarried of male-21yrs and female-21yrs have consented s*x at home or a private place( but not hotel..etc)." What law is there for me if police intervenes and how can i defend myself at that moment. And my second question is can police raid at a private place eg...home..and if caught red handed what to be done to avoid arrest or embarrassment ??.....Please reply to my query with reference to laws and some cases. I am also studying law but till now neither internet nor any book has helped me. Please reply in detail and i will be grateful to you...Thanks



Learning

 17 Replies


(Guest)

1. I read in this very forum I think a dozen month back a ld. member submitted a Letter to Police Station pleading him to do the same act but with different OP's each time at a Hotel (yours is at home) citing his civil liberties but forgeting social responsibilites and he had put in same que. as you mischiefly asked here after reading a M n B novel instead of studying for getting flying colours in your Law exams and get a good job which is expected out of pocket money given by parents. Right now I don' thave time to search it but if it is really important for you then you may search it in this forum and answer lies there. You can write to local Police Station and seek permission for your studently acts !


2. If neighbours object then you can't escape embarassment of getting raided by PCR of their 100 no. calls. There is no Law as such for such acts inside closed homes done by consenting two adults however neighbours eny is owners pride as some say so watch out for envy factors which is around in plenty.


3. For avoiding arrest get the consentual s*x form filled by OP each time which is in my files section and better to get married early instead of embarking on such miss-adventures during studently days as it seems you have not read the draft on s*xual harassment bill and new rape laws comig up which are more damaging to a law student carrer then such fly by night miss-adventures you have asked here legal opinion on.

BTW, during which Semester studying Law your mind started flickering to such vast search on internet to law books to codes and section on asked question as you say so, kindly pay attention to your Law semesters and become a good Lawyer brother :-)

Rgds.
PS.: You will become finest criminal lawyer one day this much I can predict from your question....Amen :-))))

4 Like

N.K.Assumi (Advocate)     05 July 2010

As pointed out by Dr.Arun Kumar, this very query had been discussed in details in the past. Anyway this is what the apex Court observed.

'Sex among consenting adults no statutory offence'

New Delhi, Apr 29, DHNS:

 

The Supreme Court has said that there is no statutory offence when adults willingly engage in s*xual relations outside the marital settings.

 

 

 

 

 

 

 

 

“While it is true that the mainstream view in our society is that s*xual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in s*xual relations outside the marital settings, with the exception of adultery as defined under Section 497 of the IPC,” said a bench of Chief Justice K G Balakrishnan, Justices B S Chauhan and Deepak Verma while quashing the criminal complaints against film star Khushboo.

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 India and abroad which mandate that obscenity should be gauged with respect to contemporary community standards that reflect the sensibilities as well as the tolerance levels of an average reasonable person.

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 Krishna and Radha.

“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.

 

2 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 July 2010

Dear Author,

I do agree with the views of Mr. N. K. Assumi. U need not worry.

1 Like

Sajid Sheikh (Student)     05 July 2010

Actually such incident came to my notice when one of my freind told me that his neighbour's house was raided by police when some freinds were doing such act with their consenting girlfreinds at that place. Moreover they were escorted out of the apartment with a beating...I want to know is there anything to avoid such embarassment but not abstaining from such act.

N.K.Assumi (Advocate)     06 July 2010

It's nothing but excesive abuse of police power.

1 Like

Satya Mani Tiwari (Service)     10 July 2010

.FOR HAVING SEX: BOTH THE PARTNERS SHOULD BE ADULT AND CONSENT SHOULD BE WILFUL& MUTUAL < YOU CAN HAVE IT IN A HOTEL OR HOME >NEVER IN A PARK OR ANY PUBLIC PLACE.

Sajid Sheikh (Student)     10 July 2010

I would like to add up one thing that recently it has come to my knowledge that police raided that apartment not due to neighbours complaint but it was an act of revenge of one of their freind who called the police....

regards Sajid Sheikh

sreenath cochin (advocate)     11 July 2010

i had same doubt too.thnx for clarification

CS Pooja (Company Secretary)     12 July 2010

Since the question has been asked, and discussed already, I would like to ask what Section under what Act will be applicable in these kind of cases (except 497 IPC and of course, the monocracy of Shiv Sena)...

1 Like

Arup (UNEMPLOYED)     16 July 2010

thanks tr assumi for his two valuable advice & suggestions.

also thanks to cs pooja for asking the key point - what is the root cause of such arresting and pin shiv sena on the same ground.

Arup (UNEMPLOYED)     16 July 2010

there is a law for immoral traficking of women ; that is main power of police. they try to show woman trafiking is there; prostitution is there and in public place in decent behaviour by the concerned two.

 

i am sorry i could not remember the concerned secs. of the act. hope some learned member must put it.

Arup (UNEMPLOYED)     16 July 2010

My question is can a person unmarried of male-21yrs and female-21yrs have consented s*x at home or a private place

no offence at all.

police create phycological pressure for bribing.

rigid on your point and logic.

sibasish pattanayak (lawyer)     18 July 2010

Dear author,

after filling a WRIT PETITION BY THE resorts owner association  b4 THE HONBLE HIGH COURT AT KOLKATA

THE west bengal police restrained themself in RTESORTS but not in MODHUCHAKRA.

SIBASISH PATTANAYAK

ADVOCATE.

Anil Agrawal (Retired)     18 July 2010

Forced s*x on an unwilling partner is a crime.


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