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Can 377 be applied on kissing a boy and touching him. Pocso 7/8


07-Jan-2024 (In Criminal Law)
I need to get my charge framed and it's mentioned in the FIR by victim that I kissed him and touched his body . Victim made allegations that I kissed him and touched his body and he ran away and medical is also proving that. Please help me that can my lawyer help me getting this 377 removed while charge frame . Since victim is minor 7/8 will be applied but I think 377 can be removed. Please let me know your opinion and guide me at this critical time.
Answers (2)

Answer #1
568 votes
377 ipc is only applicable if unnatural sexual intercourse has been voluntarily under taken with another person. if the FIR mentions kissing then section 377 does not apply. however the act of kissing a minor attracts the provisions under prevention of children from sexual offences act. should you have any questions please feel free to contact me.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #2
915 votes
377 only on the basis of touching and kissing can't be framed. its actus reus includes penetration. the relevant sections of Pocso can be impleaded but not 377. File a quashing petition under section 482 crpc and get the charges quashed. else you have remedy of discharge, if the charges are not framed. if framed, file an alteration of charges application.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

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