- This topic has 33 replies, 17 voices, and was last updated 1 year, 5 months ago by
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Mits a legal gray area
usually what happens is no one ends up in jail at the end, but the guy has to make his way till the High Courts -
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CIn India, a man cannot file a rape case against a Woman.
If both are minors, then the girl can file a rape case saying consent was taken with false promise or by threat.
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UIm pretty sure if the girl is minor even if the consent was taken correctly it will amount to rape in india
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UWell according to laws both should be charged under pocso but the male would be charged under POCSO and statutory rape , tbh i think this depends on age of minors and courts it’s complicated
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UCompromise ho jata hai bro ladke sae paise lae lete hai. Koi ni lagata apni beti par rape victim ka tag shadi bhi to karani hoti unki.
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UIf every man decides to murder 3-4 girls before going to prison, I am sure the fake rape charges will drop.
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VOfcourse, the guy.
The logic applied being A minor can’t give consent so there can’t be consensual sex between them.
Also, law in India, in default protect the girls..
For example: if a married women has unnatural death within 7 years of marriage then it is a presumption that is was a dowry related death as per IPC.
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UI don’t understand why a boy should go to the jail if both the girl and boy were involved and it was agreed. And why should society have any problem with it.
It’s only a problem if it was forced, done with threat, abuse or false promises from either of the one.
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USex between minors is illegal in india even if it’s consensual. Usually the boy will have to face consequences due to conservative nature of society.
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SI loved all the jokes, but on a realistic note: with the current Indian legal framework, “consent” is a key factor and a minor’s consent is considered invalid unless validated by the parent(s). So even here, the male of the two minors will get screwed if the parents of the female press for it irrespective of what the female herself says about consent. The only benefit the male would have is to try and face the charges as a minor in front of the juvenile justice court, but now there are even provisions for him to be tried as an adult based on the nature of the crime.
And before anyone is offended by the above, these are not opinions these are harsh realities of ongoing cases. There are so many ongoing cases where this is happening, most cases would settle outside of court after 2-3 years when minors have grown up but by then there’s too much damage done to them already.
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USuch a case will be run in juvenile justice board. Their “jail” is a juvenile home for kids and the max sentence is 3 years. If there is a cross complaint(both parties filing a complaint) and both parties prove their cases successfully, both the children go to the home. But in practice, the guy is more likely to land in jail than the girl since a girl cant do sexual assault on a boy (atleast thats what most judges think)
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