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jayalal (business associate)     14 May 2010

legality of sexual intercourse between two unmarried adults

I would like to know what are the legal inplecation in s*xual intercouse between two unmarried adults, with a married man with unmarried adult? whether it is punishable under indian criminal law and also check whether there is any contradiction between indian constitution and ipc

 

thank u

jayalal



Learning

 12 Replies

venkatkrishna (AGM)     14 May 2010

Mr.Jayalal,   no one can give  correct answer. If  any case is filed ,  trial courts may give one definition and  celebrities may give another  definition  and finally if it  reaches  Supreme Court   you may get another definition.   The law  is different from court to court.    Finally one thig I suggest you.   we have use our  commensence  to  find   what is right  what  is  worng. 

jayalal (business associate)     14 May 2010

But sir I am looking for some similar case judgement by any court in india.

 

JAYALAL

venkatkrishna (AGM)     14 May 2010

Jayalal.   I  have to check  for the judgement on the  subject  issue. 

( Note :  first  you please  confirm  whether  the  relation is only  for  intercouse  when ever they want  or  to live together?)

In the given  issue,  the first  one can be defined  as  live in relation and  there is no  punishment  for.  The person under this relation can be protected under I" RIGHT TO LIVE"  ndian Constitution    ( as per recent Supreme Court  Decision in Kushboo Case)  The second one  attracts  punishbel offence  as per  Indian Penal Code.   For your  reference I  incorporate the  law positon here.

A person commits bigamy when he/she:

  1. has a husband or wife living,
  2. marries in any case in which such marriage is void,
  3. by reason of its taking place during the life of such husband or wife.

There are certain Exceptions:

  1. when the first marriage has been declared void by the Court of competent jurisdiction.
  2. When any of the person has been absent or not heard of continually for a space of seven years.
  3. The party marrying must inform the person with whom he or she marries of the above fact.

It is not applicable to Mohammedan males, who are allowed to keep more than one wife, but applies to Mohammedan females, Hindus, Christians, and Parsis of either s*x. Divorce dissolves a valid marriage, and the parties obtaining such dissolution can remarry. Good faith and mistake of law are no defences to a charge of bigamy.

Punishment

Whoever commits bigamy shall be punished with imprisonment, which may extend to seven years, and shall also be liable to fine.

The  female who is living  with a married man is  called  concubine..

The  other  word   ADULTERY is  an officen.  Pl  check the below:

LAW OF ADULTERY AS IT STANDS IN

INDIA

 

In India the law of adultery is punishable under section 497 of the IPC, but originally the framers of the code did not make adultery an offence punishable under the Code, it was the Second law commission which after giving mature consideration to the subject, came to the conclusion that it was not advisable to exclude this offence from the Code.             

           

Adultery figures in the penal law of many nations and some of the most celebrated English Lawyers have considered its omission from the English Law as a defect.

Section 497 [1]provides: Whoever has s*xual intercourse with a person who is and whom he known or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years or with fine, or with both. In such a case the wife shall not be punishable as an abettor.

 

The law commissioners have limited the cognizance of this offence to adultery committed with a married woman, and the male offender alone has been made liable to punishment.

In the present situation ,   as per supreme court  recent   judgement confirming  about live in relation is not an offence,  the  unmarried person  may say it is live in relation.  Now a days it is difficulty  to define right and wrong.

If I get any judgement I will update you.

N.K.Assumi (Advocate)     15 May 2010

Se* ual intercourse between two unmarried adults with unmarried man with unmarried adults: No Offence. Its their life why poke our nose?

N.K.Assumi (Advocate)     15 May 2010

Read as second words as married.

aatma   16 May 2010

Except adultery and rape anybody is free to have consensual s*x in this country. No offence. Social morality is obsolete in front of indian law.  Law makers do not need social morality. But moral person should obey the law!
 
 
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 913 of 2010
[Arising out of SLP (Crl.) No. 4010 of 2008]

 

S. Khushboo ... Appellant
Versus
Kanniammal & Anr. ... Respondents


21. 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 setting, with the exception of `adultery' as defined under Section 497 IPC. At this juncture, we may refer to the decision given by this Court in Lata Singh Vs. State of U.P. & Anr., AIR 2006 SC 2522, wherein it was observed that a live-in relationship between two consenting adults of heterogenic s*x does not amount to any offence (with the obvious exception of `adultery'), even though it may be perceived as immoral. A major girl is free to marry anyone she likes or "live with anyone she likes".


aatma   16 May 2010

Some additional points for your thoughts......

https://timesofindia.indiatimes.com/arti ... page-1.cms

In South India, more the merrier
2 May 2006


HYDERABAD/CHENNAI/BANGALORE: That engineer K Suryanarayana had two wives became public only after his murder in Afghanistan, but the revelation isn't surprising in Andhra Pradesh, indeed in most of south India.

In Tamil Nadu, bigamy is pretty much institutionalised and even has a name - Chinna veedu, which translates as 'small house' or second home. It is an age-old tradition surviving to this day despite its illegality.

When DMK was in power in the state, security agencies had a tough time providing security to two houses for many ministers, as each of them had two wives.


Whether it was the late M G Ramachandran, or M Karunanidhi, they have all had it, and flaunted it. Karunanidhi has married at least three women, the first of whom is dead.

The DMK chief (present CM) now divides his time in the houses of both wives - spending mornings at the Gopalapuram residence with Dayaluammal while moving to the house of his other wife, Rajathiammal, at CIT Nagar in Chennai in the afternoons.


Another towering Tamil actor, Gemini Ganesan, married five times while his first wife was alive. The Chinna veedu concept is fairly common in Krishnagiri and Salem districts of TN, where males believe in more the merrier.

At least one top Union minister from Tamil Nadu is known to have two wives and so does a senior DMK official, who married his daughter's classmate.

In Andhra, bigamy doesn't have the traditional sanction it enjoys in TN, but the practice is fairly widespread among the powerful and even a status symbol.

 

In india this is not a adultery or bigamy/polygamy!!!!

 

Under which special section of Indian law approved this...................?????

 

 

N.K.Assumi (Advocate)     16 May 2010

Look up to news and updates in th forum: Pre marital s*x not statutoery offence says SC.

Senthil Kumar L (Advocate)     16 May 2010

Fantastic, You are explained in a realistic manner than law.  Thanks for your reply.

venkatkrishna (AGM)     16 May 2010

Mr.Atma you have opend the secreat box.  We  all  aware that in some states   there is a practice of  keeping wife and concubine.  You see  all of them  are  representatives of the people of India. They have enough money, power and can give  royal file to their illegitimate children also.    Things which  at pat not acceptable for the society need not  give publicity.     It is prevailed in the society.  Some years back  illegetimate children are facing trouble  for marriage,  in society  they  were called   children of concubine.  Now  none cares . 

What  we follow,  our  children will continue,  in such case  the entire  society  will be like this.   So far  it was only for male  to have  or maintain  chinna  veedu  /small houses  now  we can  witness  women also can maintain   house no.1 house no2  like that.  Either chinna veedur  or house no.2  are good for the society or not.?   We  are the members of  the society,  we have to take step either to  support  for  it or not.

Either by  attraction or  for money   may  accept  " live in  relation"  once  children came,  they face  all truma  in  out side.  At school  other classmates  may tease,  at young  they  face rouble in every stage, for getting certificates,  licences,  passport etc.  ( it  doesn't matter  for politicians, they use their  power and provide all)

Any how   I  wish and pray   for  good soceity.  

jayalal (business associate)     17 May 2010

Thank u for every one who  participated in this talk.

 

Regards

JAYALAL

Madansingh Shekhaawat (writer & an editor)     15 June 2010

 

Se* ual intercourse between two unmarried adults with unmarried man with unmarried adults: No Offence. Its their life why poke our nose?

 

kya baat, kya baat.., kya baat.............!

 

i agrre with you sir!

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