“The offence under Sections 8 and 12 (of POCSO) are punishable for maximum imprisonment upto five years. The Applicant is in custody for almost one year.
Any form of sexual relationship between two minors, irrespective of their consent is known as statutory rape, which is unlawful because either parties of such act is below the legal age to get involved sexually, further making them incapable of giving their consent to the said act.
One must refrain from any type of sexual activity, nudity, and behaviours that are prohibited by section 294 in order to respect the fact that a public place is shared by families, couples, and people. At the same time, it's important to remember that basic acts of affection like kissing and hugging are not illegal.
Kissing publicly is a crime!
I shared the incident with him, he just uttered, “It is a crime under section 294 of the IPC”.
Below 18 the law doesn't allow her to have sex even if she is lawfully married, and above 18 she cannot say no because there is a presumption of matrimonial consent.
There is no set age when a teen should be allowed to begin dating. Girls generally mature faster than boys do. On the other hand, parents tend to be more protective about their daughters and may not allow them to begin dating until they are in their late teens.
In India, The legally permissible age for giving consent for receptive Sex is 16 years. For marriage it is 18.
Several court judgements have ruled that kissing in public is not an obscene act per se. A lawyer defending a married couple in 2008 said it can only be obscene if it "encourages depravity or annoys the public".
PDA (Public Display of Affection) is not legal, if the act. seems obscene to the viewers. The same is a. punishable offence under section 294 Indian Penal.
Unmarried couples have the freedom to wander and sit in public places together as long as no "obscene act" occurs. Police frequently abuse this rule, which specifies that any "obscene behaviour" in public areas will result in a three-month sentence under section 294 of the IPC.
Flirting is not illegal, but any act that makes her uncomfortable can be illegal and our law is more protective of women and it's necessary looking at the state of women in our country. In your case, I don't think it's sexual harrassment, but at workplace it's not advisable. Googling your legal issue online?
As long as both of you consent then there is no issue.
Talk to a real lawyer about your legal issue. Sorry you cannot ask for sex to any opposite gender in public or private. Such remarks or comments shall put in legal trouble if complaint is lodged by opppsite party. Such gestures by words will amount to criminal prosecution under CrPc.
The legal age for consensual sex varies between 16 and 17 years across Australian state and territory jurisdictions (see Table 2). For other sexual activities, the criminal legislation relating to different types of sexual behaviours and interactions varies across Australian jurisdictions.
The lowest age of consent is in Nigeria (11) followed by the Philippines and Angola (12). The age of consent is 13 in three countries – Niger, Comoros and Burkina Faso.
The Indian Penal Code makes obscenity a punishable offence. Section 294 imposes up to three months of prison and fine on those who commit 'any' obscene act in any public place, to the “annoyance of others”.
There are no laws that prohibit the stay of unmarried couples in the hotels. It is completely a personal choice and falls under freedom of movement and the same cannot be restricted.
Hugging in public is not against the Indian law. There is no specific law in India that prohibits hugging in public, and it is considered a common and acceptable form of physical affection.
Section 294 of the IPC, often invoked by the police to deal with cases of public display of affection, says that any obscene act, in any public place “done to the annoyance of others” is an offence.
Although it is perfectly legal and acceptable in Islam for a husband to kiss his wife, one should take care not to display this form of affection and passion in public and thus expose the by-standers to share something which Allah Subhanah has permitted exclusively for the husband and the wife to enjoy.
Try this: Lean towards someone and offer them your cheek. Give them eye contact while tapping your cheek. If your partner responds to that, try tapping on other parts of your face or body.
The proof of annoyance is essential for committing a crime under Section 294 and PDA can be seen as an obscene act which causes annoyance to other people. It is enough that the obscene act is committed in public and causes annoyance to anybody, whether they are the contemplated victim of the offender or not.
If the sex is consensual (and it must be enthusiastic consent) and the other party is also aged 16 years or over it is not against the law, although there are some exceptions: If the person is very drunk or under the influence of drugs, they may not have the capacity to consent so having sex with them is an offence.
In the case of India, the age of consent is 18 years.
There aren't any laws around being in a non-sexual relationship where one person is under 18 and the other over. Once you turn 16 it's not illegal for someone to have sex with you no matter how old they are.