Upgrad LLM

sex by consenting adults

Advocate

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.

 
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Advocate

        '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.

 

 
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Advocate

I agree with Assumi Sir... It is no offence.

 
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writer & an editor

New Delhi, August 29: A man having s*x with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge, the Supreme Court has ruled.
Such retraction by the accused would amount to rape only if the consent was obtained by coercion or threat, a bench of Justices Arijit Pasayat and D K Jain said while upholding an appeal filed by the accused Pradeep Kumar.
The apex court maintained that there was no straitjacket formula for determining whether consent given by the girl was voluntary or given under a misconception of fact as it has to be decided on the basis of the circumstances and surrounding factors which led to the alleged consensual s*x.
"The court must consider the evidence before it and the surrounding circumstances before reaching a conclusion, because each case has its own peculiar facts which may have a bearing on the question whether the consent was voluntary or was given under a misconception of fact," the apex court observed.
Pradeep Kumar had filed the appeal against the orders of a sessions court and the Patna High Court which rejected his plea for discharge from a case filed against him by a girl who got him booked under IPC Sections 376 IPC (rape) and 406 (breach of trust) for "retracting" on his promise to marry her.
In his appeal before the apex court, the accused claimed that the victim had consensual s*x with him and hence the charge of rape or breach of trust cannot be entertained.
( Refer the Supreme court Judgement Appeal (crl.) 1086 of 2007)

 

 
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writer & an editor

When a women rape a man it called Love as per LAW, Society and media..right?
 
Wonder why Rape law should not be made Gender Equll, if we fell women do not rape the man and instead of hide behind a gender baised law , let the so called radical women forces come forward to prove that they do not rape the man.
 
Can they have such honesty or it is White lie to protect thier own crime and refuse to accpet the LAW comissions long back recomdations to make the Rape LAW Gender Equall.
 
We know if the rape law made gender equll , every year at least 5 times more women will be convected than man, as per present defination of Rape and if we have Judges like this , who think s*x with the promise of marriage is Rape in this country.
 
sorry; its harsh but true!
 
 
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writer & an editor

 

“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. 

 
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Advocate

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.


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UNEMPLOYED

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.


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practicing advocate

you have said by consent then it is not an offence.


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practicing advocate

Wah! Tanwar Sir,


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