In the same way, the Act condemns any sexual activity practiced or performed without free consent of both the parties to the contract and views such sexual act an offence, which is based on fraudulence, undue influence, coercion, misrepresentation or any other related act that reveals the non-compliance of the aggrieved party and hits his/her freedom of choice.
Malignantly doing any act known to be likely to spread infection of any disease dangerous to life is a serious offence and the offender of such act is liable to be punished under the section 269 of the Code of Criminal Procedure. In the same way, Law forbids a person undergoing contagious and venereal disease(s) from entering into sexual relationship with any other person without bringing to the knowledge of the other all information regarding his/her infectious disease, as well as taking protective measures necessary to save the partner form bodily harm of transmitting the disease he suffers. In addition, the statute of law not only condemns involving into sexual intercourse without the free will of the parties, but also it does not allow any such action in which the element of misrepresentation involves. Misrepresentation stands for the statement made by a party to a contract, that a thing relating to it is in fact in a particular way when he knows it is not so.
Sexual Offence 2003 is the outcome of the changes that took place with the induction of new laws as well as the discovery of new diseases afflicting the individuals of society. Free sex with the consent of the parties as well as homosexual activities are also among the significant factors along with the discovery of human immunodeficiency virus known as HIV more than a decade ago, to bring in new laws and amend old .ones for the benefit of the public. Having sexual intercourse with or by the person afflicted with this virus is likely to transfers the disease.