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Physically involved with minor. Can I be charged for rape?


06-Jan-2023 (In Family Law)
sir am in love with my girl friend. her age is 17.my age is 25.she promised me to marry. she kissed nd hugged ne nd i too kiss her nd hug her. but we didnt participate in sex. but now we brokeup our relationship now. but she nd her parents going to file rape case on me. so what should i now. shall i be booked under rape case for jst kissing nd hugging her with her consent.even iam ready to marry her if she accepts. consensual kissing nd hugging is an offence or not in india. under which case should i be punished. how to escape from this. they ready to book case on me
Answers (2)

Answer #1
544 votes
Hi
Kissing and hugging is not rape.
It looks like the girl is threatening you and you are getting scared.
Police in order to file a rape case, will ask the girl to undergo a medical test and the doctor should certify that she was raped.
Mere accusation of rape does not hold water in court.
So no worries.

Answer #2
692 votes
Dear Concerned, Well her parents can book a case if they want, as you say that you kissed her with her consent at same time you admit that she is a minor. Let me tell you that her consent will not be valid since she is still a minor. Further they might not book rape case but they can go for Molestation/outraging the modesty of a women and book under Sec. 354 of IPC which will be non-bailable offence. Try to convenes her parents with the help of community elders. Along with be in touch with lawyer in case things turn out to be unfavorable for you. We also provide legal assistance in such cases.

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