Mother Son Incest Relationship In India
15-Sep-2023 (In Family Law)
Incest refers to sexual activity between individuals who are closely related by blood, such as between siblings, parent and child, or other close relatives.
In India, there is no penal provision which explicitly punishes incest as an offence.
However, It is to be noted that under Section 375 of the Indian Penal Code, 1860 if a man performs sexual intercourse upon a woman against her will or without her consent he commits rape on her. Such an act is punishable under Section 376, IPC. An incestuous relationship forged against the will of the mother or without her consent would amount to her rape by the son.
Furthermore, Hindu and Muslim personal laws prohibit marriage between two persons falling within prohibited degrees of relationship e.g., a relationship by blood. Also, under Muslim Law, a person cannot marry his foster mother, too.
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