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Legality of asking opposite gender for a sex in public


09-Nov-2023 (In Criminal Law)
Can a guy or a girl ask someone from the opposite gender to have sex with them? That's it, just asking any random person in metro, mall or just anyone on the street. Would that be legal? If it's not, then in what way it's not? And if it's legal, to what limit, is it legal?
Answers (2)

Answer #1
952 votes
Hi,
asking anyone in public for sexual favor in itself is a gross and immoral act.
The idea behind enforcing laws in our country is to maintain decorum and feel secure.
Kindly feel free to have a word with me to discuss your matter
Answer #2
742 votes
Sorry you cannot ask for sex to any opposite gender in public or private. Such remarks or comments shall put in legal trouble if complaint is lodged by opppsite party. Such gestures by words will amount to criminal prosecution under CrPc.

Most of the charges against such act are bought under Section 294 of the Indian Penal Code (IPC). Section 294 of the IPC states:
Whoever, to the annoyance of others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs, ballad or word, in or near any public place,shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

The main ingredient of the section are:
i) It should cause annoyance to the other (sufficient evidence in form of witness from passer by must be taken)
ii) The act itself should be obscene in nature
iii) The act must have been done in a public place

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