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Can 377 be applied on me if no sodomy is done


17-Nov-2023 (In Criminal Law)
Hi A gay minor talking to me on gay app for 18+. I was not aware of his age. I just want to know if 377 can be applied on me as there is nowhere mention in chargesheet that sodomy is done but they made allegations that I tried doing ass fuck that is sodomy
Answers (2)

Answer #1
736 votes
If the chargesheet doesn't mention that sodomy is done then it's a general assumption by the court that such an act was not done as the chargesheet is prepared after gross examination of all the facts and circumstances of the case. And as far as their allegations are concerned they are just doing this to seek the attention of the court.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
526 votes
Yes if they file a case against you then obviously you might have to face the consequences and beside this as you mentioned he is a minor the act itself become heinous. Even you might be charged under POCSO.
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Advocate Laimon Rani Boro

Adv. Laimon Rani Boro

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