raj kumar ji (LAW STUDENT ) 21 May 2010

sexual inter course is not a offence

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".

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NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

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REGARDING THE CITATION KINDLY NOTE THAT.

1.YOU ARE A STUDENT AND HAVE GIVEN ONE CITATION OF SUPREME COURT REGARDING THE VERY VAST TOPIC.

2.YOU MAY KINDLY NOTE THAT THIS IS A SUBJECT MATTER OF CRIMINAL COURTS AND ALWAYS REMEMBER AND DO NOT TAKE ANY CRIMINAL LAW PROVISIONS AS GRANTED. ANY CRIMINAL CASE IS DECIDED ON THE BASIS OF FACTS AND CIRCUMSTANCES OF THE CASE AND THEY DIFFER FROM CASE TO CASE. ANY PARTICULAR JUDGEMENT IS OVERRULED BY SUBSEQUENT LATEST JUDGEMENTS.

3.KINDLY NOTE THAT THERE ARE VERY STRICT LAW PROVISIONS OF I.PC.REGARDING CRIME AGAINST WOMEN, AND MINOR FEMALE . THE POINT OF CONCENT OF THE LADY DOES NOT ARISE IN CASE OF MINOR FEMALE AND ACCUSED IS CONVICTED.PLEASE NOTE.

4IT MAY FURTHER BE NOTED THAT IN SUCH A CASES IT IS NOT THAT EASY TO PROVE THE CONCENT OF WOMEN. BECAUSE ONCE ANY CASE IS REGISTERED AGAINST ANY ACCUSED ,POLICE, MEDIA AND ALL OTHER GROUPS MAKE LIFE MISERABLE OF THE ACCUSED.

HENCE I SINCERELY ADVISE TO HANDLE SUCH MATTERS WITH CARE. YOUNGSTERS SHOULD CONCENTRATE ON FUTURE CAREER AND KEEP AWAY FROM ANY POLICE CASES WHICH ARE FILED IN CRIMINAL COURTS.

THANKS.

3 Like

N.K.Assumi (Advocate) 21 May 2010

Thank you for the citation.

Arup (UNEMPLOYED) 22 May 2010

open mind open heart - always desirable.

the boy raj is alert one. he posted a perticular portion which covers s497/ipc.

the total judgement already posted by some one previously.

actually it is not a call for 'let us go on live in relationship, it is an assurence to those who are in live in relationship - that, it is not illegal, you need not to worry.

with reference to babli manoj murder and khap activities, such types of discussions are needed.