July 15, 2014

Any young boy who has attained puberty, can rape.. To which level Law can decrease age for Juvenile Law? Here is short answer:

1) No clarity about definition of rape in Indian Laws. Some judgements indicate oral sex also as rape.

2) Some Psychologists say desire for sex starts in a boy from age 3.

3) The "Shock in the Society" or "Public or Media out rage are not the criteria for deciding punishment.

4) "Intention to commit a crime" or "Physical Capacity to possess intention to commit a crime" must be proved first.

5) If the boy has attained physical maturity but he has not obtained understanding that it is crime to do so- then he is a Juvenile.

6) No Fix Age Can Be Fixed by Law

7) It Must be left to the Judge to decide physical and mental maturity of boy, on basis of facts in each case.



Haresh Raichura
14/07/2014