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”.
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.
👀 📍PDA is not a crime in itself but Section 294, IPC says that the law can punish anyone who annoys other people by: -doing any obscene act in any public place or -singing, reciting or uttering any obscene song, ballad or words, in or near any public place. 📍Is standing close to one another an 'obscene act'?
In most of the Western world, such as Western Europe, Australia, New Zealand, Canada, the United States, and Latin America, it is very common to see people holding hands, hugging and sometimes kissing in public. It is not usually socially acceptable to be overly explicit, such as engaging in sexual activities.
Delhi High Court lawyer Anand Katiyar said that 'If the car is in a public place and there are people around, then someone kisses in the car, which irritates the people and they consider it obscene, then it is under Section 294 of the IPC. Can come under the category of crime.
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".
Kissing publicly is a crime!
I shared the incident with him, he just uttered, “It is a crime under section 294 of the IPC”.
3 – In public
Even a kiss on the cheek is acceptable. Anything more tends to drift towards awkward territory.
If you want to kiss your partner in public, you can. That doesn't mean you can let that kiss progress into a make out session. When going in for a public kiss, use some discretion. Kissing in public is fine as long as you don't overdo it.
Edwards said he agrees that requesting permission isn't necessary. “If you wanna go straight for the kiss, the best time to do it is when you two are sharing a laugh,” he says. “She might pull back, but you can still apologize and not feel like you're doing anything aggressive.”
Moreover in the case of “A and B vs State the NCT of Delhi” it is held that hugging and kissing forms a part of freedom of speech and expression which is the legit source of showing love and compassion towards your partner and hence are protected under Article 19(1)(a) of the Constitution of India.
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.
The Bombay High Court has observed that kissing on lips and fondling are not unnatural offences under section 377 of the Indian Penal Code, and granted bail to a man accused of sexually assaulting a minor boy.
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.
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. Hence, the consent is irrelevant.
There is nothing like illegal in kissing.
If you force yourself on her you can be prosecuted for sexual harassment. But if the two of you are in love and you fell like kissing, just go for it.
A public display of affection (PDA) is any act of intimacy between a couple that is in view of others. Hugging, kissing, or holding your partner's hand in public are some examples of PDA. Sharing a private intimate moment in a public forum such as social media can also be a form of PDA.
A little privacy makes your first kiss feel more special.
Even if you really feel the urge to kiss someone, it could make them feel a little uncomfortable if you're out in public. Step over to somewhere a little more private so you have a chance to enjoy the moment without anyone disturbing you.
There are certain things you can't do in Dubai and PDA is one of them. In Dubai, holding hands, hugging, and kissing in public is considered socially unacceptable and if caught indulging in such acts, you might land up in jail. Many foreigners have already suffered the consequences.
Acceptable. Many places in the Western world—including Western Europe, Australia, New Zealand, Canada, the United States, and South America—allow PDA. The accepted forms of PDA for heterosexual couples include holding hands, hugging, and kissing. In these regions, there are no explicit legal or cultural limitations.
Although public affection is not considered a crime in Singapore – something which unfortunately is in some Arab countries. Hugging without consent is considered a soft crime in this futuristic country.
There is no law against public display of affection. There is a law against indecency in public. So, by all means display your affection, but never ever cross the line to becoming indecent.
As per social norms in India, you qualify to kiss only when you get married. So there is no normal age, but a qualifying age to kiss.
Unless you're in the confines of your resort or hotel room, kissing in public is a major no-no in Thailand. In more cosmopolitan areas like Bangkok, hand holding is okay.
However, it is important to note that in India, sexual intercourse with a minor (under 18 years of age) is considered to be statutory rape and is a criminal offense. So, if one of the partners is a minor, and they have sexual intercourse, it could lead to criminal prosecution.