What action can be taken against minor boy sexting with a minor girl
16-Jan-2023 (In Cyber Crime Law)
Sir, If a 16 year boy is involved in sexting with the girl of same age then what are the actions that can be taken against him.. Please tell
It will all depend on the text messages and what mode has been used. Has the girl responded in any way will also be important. You can file complaints under provisions of criminal law and the IT act with various authorities and if they dont take cognizance of the same you are free to approach the court with your complaint
Complaint to concern Police Station without fail firstly. For such offence India has enacted an act POCSO,
Either minor boy or adult man, case has to book under POSCO, where evidemce of minor girl as victim.
In this particular case, since offender or accused is happen to be minor then Juvenile Justice Board has the jurisdiction thereon, even there're special court for such offences.
Either minor boy or adult man, case has to book under POSCO, where evidemce of minor girl as victim.
In this particular case, since offender or accused is happen to be minor then Juvenile Justice Board has the jurisdiction thereon, even there're special court for such offences.
Sir,
If a boy sends obscene messages to a girl, such an act would amount to "Sexual Harassment" punishable u/s 354A(1)(iv) of IPC. Further, it is also punishable u/s 509 of IPC (i.e. word, gesture or act intended to insult the modesty of a woman).
The former has provision for imprisonment up to 1 year or Fine or Both; the latter is a bit more stringent with provision for Simple imprisonment for 3 years + Fine. But since the boy is minor, he would be sent to Juvenile Home & not jail.
Both the offenses are bailable but cognizable. Cognizable means that it is "mandatory" for the police to register an FIR and normally no "preliminary inquiry" is permitted. Also in cognizable offenses, the arrest can take place without a "warrant".
Hope this answers your question.
Do contact me if you need any further assistance in this case.
Thanks
Adv. Akash Kumar Upadhyay
Delhi
If a boy sends obscene messages to a girl, such an act would amount to "Sexual Harassment" punishable u/s 354A(1)(iv) of IPC. Further, it is also punishable u/s 509 of IPC (i.e. word, gesture or act intended to insult the modesty of a woman).
The former has provision for imprisonment up to 1 year or Fine or Both; the latter is a bit more stringent with provision for Simple imprisonment for 3 years + Fine. But since the boy is minor, he would be sent to Juvenile Home & not jail.
Both the offenses are bailable but cognizable. Cognizable means that it is "mandatory" for the police to register an FIR and normally no "preliminary inquiry" is permitted. Also in cognizable offenses, the arrest can take place without a "warrant".
Hope this answers your question.
Do contact me if you need any further assistance in this case.
Thanks
Adv. Akash Kumar Upadhyay
Delhi
Dear Sir,
The first essential fact is whether the sexting has been reciprocated by the girl? If the sexting has been mutual then it would be difficult to initiate an action but entire facts would require to be understood to advise appropriately. However, if the boy is single-handedly sending offensive/sexual messages to the girl then there are actions available under (1) The Information Technology Act, and (2) The Indian Penal Code that could be taken against the minor boy.
The first essential fact is whether the sexting has been reciprocated by the girl? If the sexting has been mutual then it would be difficult to initiate an action but entire facts would require to be understood to advise appropriately. However, if the boy is single-handedly sending offensive/sexual messages to the girl then there are actions available under (1) The Information Technology Act, and (2) The Indian Penal Code that could be taken against the minor boy.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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