Clause 119

Any person (A) of or above 16 years of age who —

penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

sexually penetrates, with a part of A’s body (other than A’s penis, if A is a man) or anything else, the vagina or anus, as the case may be, of a person of or above 16 years of age who is a close family relative (B);

causes or permits a man of or above 16 years of age who is a close family relative (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of A; or

causes or permits a person of or above 16 years of age who is a close family relative (B) to sexually penetrate, with a part of B’s body (other than B’s penis, if B is a man) or anything else, the vagina or anus, as the case may be, of A,knowing that B is a close family relative, shall be guilty of an offence.(2) For the purposes of subsection (1), B is a close family relative of A if B is A’s grandchild, child, sibling, half‑sibling, parent or grandparent (whether such relationship is or is not traced through lawful wedlock).(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 5 years.(4) This section does not apply to an act of penetration mentioned in subsection (1) which would constitute an offence under section 375(1)(a), 375(1A)(a), 376(1)(a) or (2) or 376AA(1).(5) To avoid doubt —

it is not necessary for the prosecution to prove that B did consent to the act of penetration mentioned in subsection (1); and

it is not a defence that B did consent to that act.(6) A person below 18 years of age who is a victim of an offence under section 376AA is not guilty of an offence under this section in respect of the same acts constituting the offence under that section.Procurement of sexual activity by deception or false representation376H.—

Any person (A) shall be guilty of an offence if —

A intentionally touches another person (B) or intentionally incites B to touch A or B or another person;

the touching is sexual and B consents to the touching;

A fraudulently obtains B’s consent by means of deception or false representation practised or made by A for that purpose;

the deception or false representation mentioned in paragraph (c) relates to —

the use or manner of use of any sexually protective measure; or

whether A or another person whom B is incited to touch is suffering from or is a carrier of a sexually transmitted disease; and

A knows or has reason to believe that the consent was given in consequence of such deception or false representation.(2) A person who is guilty of an offence under subsection (1) shall —

in the case where the sexual touching mentioned in that subsection involved —

penetration of the vagina or anus (as the case may be) with a part of the body or anything else; or

penetration of the mouth with the penis,be punished on conviction with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or any combination of such punishments; and

in any other case, be punished on conviction with imprisonment for a term which may extend to 2 years, or with fine, or with both.(3) For the purposes of subsection (1) —

a person makes a false representation if it is untrue or misleading, and that person knows that it is, or might be, untrue or misleading;

a representation may be express or implied; and

a “sexually protective measure” means —

where B is female, a device, drug or medical procedure to prevent pregnancy or sexually transmitted diseases as a result of sexual intercourse; or

where B is male, a device, drug or medical procedure to prevent sexually transmitted diseases as a result of sexual intercourse.”.