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Legal action against the person having physical relation with cousin


03-Nov-2023 (In Family Law)
I know a person who had sex with his cousin(masi's daughter) Is this illegal? I have the proof of their hotel bookings... n other proofs. Can i file an FIR?
Answers (6)

Answer #1
411 votes

In India, sexual relations or marriages between first cousins are not uniformly illegal, as the legality depends on personal laws, regional customs, and religious practices. Under the Hindu Marriage Act, 1955, cousin marriages are generally prohibited as they fall under the category of sapinda relationships; however, exceptions exist if such marriages are recognized by local customs or traditions. Among Muslims, cousin marriages are widely permitted under personal law, while for Christians and Parsis, such unions are typically restricted. Additionally, the age of the individuals and the specific circumstances play a crucial role in determining legality, and any sexual relationship involving a minor would amount to statutory rape regardless of custom or consent.

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Advocate Chikirsha Mohanty

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Answer #2
953 votes
Yes you may file çonsumr against boy if that sex was within consent of the girl. It if girl was below 18 ,then no consent is required, just you have to proof that sex was with her by that person. It so enough to make guilty of that person.
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Advocate Jagan Nath Bhandari

Adv. Jagan Nath Bhandari

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Answer #3
1000 votes
If they are first cousins then yes they come under the prohibited relationships or incest.. but there is no law against incest in India. The case can only be done in case of marriage or adultery or rape. Also beyond first cousin is not prohibited for eg having relation with mother or father's real brother's or Sister's daughter is prohibited but beyond that is not.. secondly regarding proof... You will need more proof than hotel bookings like messages or chats showing them in such a relation or if possible.. photographs between them in the act... Also if the girl is below 18 or the boy below 18... Then also it is illegal.. there are many variables... however, an FIR can be registered against the person and the police can start investigation for the same. But again a case can only be made if the guy is married to someone else or is raping the girl or also if he is getting married to the girl.
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Advocate Hargun Singh Bhatia

Adv. Hargun Singh Bhatia

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Answer #4
713 votes
See consensual sex between two opposite majors is not illegal in itself as long as same is not made with some threat or dominance or at a public place & the victim has a right to complain against any such incident. You can certainly inform police and complaint against them if you think they have breached any public law.
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Advocate Deepak Verma

Adv. Deepak Verma

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Answer #5
846 votes
Regarding a minor girl any one can file a complaint and seek for an F.I.R with charges of rape. If the girl is major then F.I.R can be seeked only on the complaint of that girl who is a victim. If the girl has no objection then its difficult coz they will prove that they had some work in that area and due to some time gap they had taken that room. Taking room itself does not prove sex relationship. Adv Malhotra
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Advocate Deepak Malhotra

Adv. Deepak Malhotra

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Answer #6
563 votes
having sex would commit crime in this case until the girl is below 18 years and they cannot also enter into a hindu marriage and yes you cannot file an FIR in the present case the only thing which can be there is rape is the girl is below 18 years of age.
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Advocate Pradeep Singh Sheoran

Adv. Pradeep Singh Sheoran

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