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Is it crime to kiss a girl?

legalthirst.com - Is kissing Your Girlfriend in Public Legal in India?

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Obscene acts and songs.Whoever, to the annoyance of others

does any obscene act in any public place, or sings, recites or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. India is the world’s largest democratic nation and a land of cultures and customs rule. At the same time where some acts fall under the ambit of “Public Display of Affection” (PDA) and others are not. Some are acceptable by society while some are not.

Kissing in public is also a form of PDA. PDA differs from other acts done publicly. The objections raised on PDAs are dependent on the degree of intimacy and obscenity involved. Not only Kissing but hugging or public embracing is also PDA. Kissing in actuality is an expression of love or natural affection. But would we term parental and pure love as an “obscene act”?

What if a mother kisses her child?

Is a father kissing goodbye to his daughter after her marriage, an obscene act?

Naturally, the answer will be a Big No. As society and customs do accept this display of affection as this a parental love. But before labeling any particular act as ‘obscene’; we need to check, whether the act is actually indecent? So, we need to determine the degree of indecency involved.

Obscene wordy meaning

Dictionary meaning of the word “obscene”, shows that, ‘an offensive or disgusting by accepted standards of morality and decency.’ Cambridge Dictionary defines it as offensive, rude, or shocking, usually because of being too obviously related to sex or showing sex. Simple kissing in public never entails any provocation related to sex or can be a blow against morality. People out of natural outbursts of emotions may also kiss unaware of their surroundings. There are certain factors that need to be satisfied to make the act to be punished under this section: If the act is obscene. Or If the act was done in a public place, or If the act caused nuisance (discomfort) to others. You will not be charged. Also, there are certain recent judgments by the Supreme Court that state that simple kissing in public is not an offense. The term obscene is an important factor in these cases and also the nature of the act is the prime thing that makes it liable or not.

Confusion with the term

According to recent judgments, kissing is not an obscene act by itself. In higher levels of the judiciary in India kissing in public is not universally treated as an illegal act. The judgments state it as an expression and compassion of love, an act that conveys the message of protection and security. But it is to keep in mind that if you will not state these cases, then every kiss will be treated as a sexual expression and will be obscene.

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