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Guest (n/a)     23 April 2009

Is this a punishable act as per Indian law?

If an unmarried girl has a married guy as a boyfriend and has physical relations with him, is it possible for the married boyfriend's wife/family to take legal action against this unmarried girl for having a relationship with him? If yes, what is the expected punishment as per Indian law?

P.S The unmarried girl is not me. Its someone I know.


 6 Replies

nitin (advocate)     23 April 2009

Immoral Traffic (Prevention) Act,1956

Act No : 104


Section : Seducing or soliciting for purpose of prostitution.

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8. Seducing or soliciting for purpose of prostitution. Whoever, in any public place or within sight of, and in such manner as to be seen or heard from, any public place, whether from within any building or house or not- (a) by words, gestures, wilful exposure of her person (whether by sitting by a window or on the balcony of a building or house or in any other way), or otherwise tempts or endeavours to tempt, or attracts or endeavours to attract the attention of, any person for the purpose of prostitution; or (b) solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency, for the purpose of prostitution, shall be punishable on first conviction with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the event of a second or subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine which may extend to five hundred rupees.

A V Vishal (Advocate)     23 April 2009

Dear Bindu,

Unfortunately a man having a illicit relation with a married woman is termed as adultery under IPC and the woman is only an abettor. However, there are no sections in IPC for the nature of crime described by you. The section quoted by Nitin is inapplicable and the relation does not attract SITA

N.K.Assumi (Advocate)     23 April 2009

Parliament in its Wisdom has given licence to Women for such pleasure, provided the woman is not a minor. If a married man and an unmarried woman like each other law can not prohibit it. It is only if a man commit the acts with a married woman the man is punished. That is the wisdom of our Parliament.

Swami Sadashiva Brahmendra Sar (Nil)     23 April 2009

mr. vishal and mr. assumi are right.

K.C.Suresh (Advocate)     24 April 2009

Vishal and Assumi congras

B.N.Rajamohamed (advocate / commissioner of oaths)     24 April 2009

The girl shall be punished as per section 4(1) OF Immoral Traffic ( Prevention ) Act. The section provides a punishment of imprisonment for 2 years or with a fine  of Rs.1000 / - or with both.

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