Well, the short and sweet answer to your question is that it actually depends upon where you are making out inside the car, like is your car parked in a public area at the time of this happening, or are you away from the hustle and bustle of public life? See, if you are caught making out in public areas, yes, it is illegal and you can be charged for that. But still, let’s understand it in a better way, shall we?
What Does The Law Say About Making Out In A Car In India?
So you are wondering if it is legal or not in India to make out in a car? Well, the thing is, there is no Yes or No answer to this question, to be honest. The problem is related to the Indian Penal Code(IPC) Section 294 which covers “obscene acts” in public places. However, the phrase “obscene” is not a well-defined term in this context. Thus, there is a lot of space for the police and courts to interpret this, you know?
Section 294 states that if you are involved in something that is considered obscene in a public place, you can very well get into some kind of legal trouble. It is possible that this could be something as innocent as kissing or hugging, which becomes offensive because of someone nearby. To one person, a simple hug may be just a way to show affection but to another, it can be a completely inappropriate behavior. And this unclear area is where the confusing part comes in.
How the Law Gets Interpreted?
There have been several incidents when couples were caught making out in cars and were brought to court on charges under Section 294. See, in some situations, the courts approved the charges, but in some other cases, the court straight out freed them of any legal charge or anything like that because they weren’t doing it in a particular public place.
However, there are times when the courts have acknowledged that the couple was not actually trying to be disrespectful to anyone and they ended up dismissing the charges, you know? This example even shows how very much influenced the law can be since there are really a lot of factors to be considered like the state of mind of the police or the mood of the person who has made a complaint and things like that.
What Happens If You’re Caught
In case the above-mentioned happens and you are caught inside a car and the issuing of article 294 is directed at you, where you’ll be facing some legal consequences. The article grants the authorities the ability to impose sanctions such as fines and even to lock up potential offenders for up to three months in a detention center. On the other hand, no need to worry as this is a bailable offense, hence if you get arrested you are eligible for bail meaning you don’t have to rot in jail while your case is taking its course through the courts, you know?
