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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4 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 21 May 2010

but it does amount to social offence

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Arup (UNEMPLOYED) 21 May 2010

social offence means? offence at which society?

indian society has no objection.

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 21 May 2010

well social offence means things not acceptable to indian society as such i understand the soceity as common public i suppose non of the families will like to have such things kindly confirm with any public person for more details.

Arup (UNEMPLOYED) 22 May 2010

am i out of indian society? like me there are so many .........

public has many faces....... each person has it's own philosophy.......... many contradictions, many ideas........ therefore there is nothing like indian society........... who has a single principle, have a concreate base.

but we have country, we have established laws and principles. sc told - it is not offence. not only in khushboo's case, previously also told the samethingby the same court. therefore it is no offence for indian society.