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Can 377 be applied on me if no carnal or oral intercourse is done?


29-Dec-2023 (In Criminal Law)
Can 377 511 be applied on me as there is nowhere in FIR/ chargesheet mentioned that carnal intercourse is done or any oral sex like mouth penetration is done. The victim here is gay boy who is minor but lied on gay application Grindr. I was completely unaware of his age and he lied about his age to me. Later his father filed an FIR on me making false story and accusations. I just want to know if 377 can applied on me as there is no carnal intercourse is done or any oral penetration l.
Answers (2)

Answer #1
833 votes
With what you state, no case is made out. What you also need to know is that the answers to your query can't be given without reading the case. A case in fiction MUST not sustain. Provided, you have a counsel who works on your case with a razor focused approach.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

LawRato Delhi | 100+ Answers
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Answer #2
748 votes
As per the law laid down by the Hon'ble Supreme Court of India, if there is any consensual sex between men, then there would be no application of Section 377 IPC. However, if it is not consensual, then the above section of IPC will be applied, and the accused shall be punished accordingly. Provided the prosecution proves that there is intercourse between the victim and the accused.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRatoDelhi | 400+ Answers
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