17 year old boy done sex with 17.5 year old girl.both were in relationship.What is maximum punishment to boy? 17 year old boy done sex with 17.5 year old girl.both were in relationship.What is maximum punishment to boy?

2 years ago

17 year old boy done sex with 17.5 year old girl.both were in relationship.What is maximum punishment to boy?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You should not think of negatives but think of positives as to how to come out of the situation. Mutual consent does not give raise to any punishment unless there is aggrieved party.

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Sanjay Kumar Jha

Responded 2 years ago

A.Dear Client,
Firstly, Both are minor , although both were in livinrelationship. Hence, there would have been consensual sex.
But, sex with minor comes under POSCO act. As boy is minor he would be considered as juveline and under this act Maxi punishment shall be 3yrs.
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Anik

Responded 2 years ago

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A.Dear Client,
1. With regard to consent, consent between both parties is irrelevant as Any form of sexual relationship between two minors, irrespective of their consent, is known as statutory rape, which is unlawful because either party to such an act is below the legal age to get involved sexually, further making them incapable of giving their consent to the said act. Hence, their consent is irrelevant.
2. With regard to punishment, Section 2(d) of the POCSO Act defines a ‘child' as any person below the age of 18. This act provides justice without any gender discrimination as it applies to every person under the age of 18 who is incompetent to give their consent. Hence, if any person is involved with any sexual act covered under this act and the victim involved is under the age of 18, the offense is punishable as it is considered to be a violation of this act.
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