SEX BY CONSENTING ADULTS

        '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.

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

“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. 

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.

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.

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

Wah! Tanwar Sir,

How did Justice Mullah described the police? I have posted it often in the past but needs revisiting everytime we hear of police atrocity to keep us reminding about it:

“There is not a single lawless group in the whole of the country whose record of crime comes anywhere near the record of that single organised unit which is known as the Indian Police Force

Rightly quoted by everyone. thnaks for answering my questions!

It will never be offence ..

Enjoy s*x with consent. When enough is enough, charge him with rape for moola.

agreed anil sir.

when it is enough or caught red handed, -  may change it to rape.