Engaging in sexual activity in the presence of a person who is mentally defective or has an unsound mind

Every person who, intentionally engages in an activity that is sexual in nature and for the purpose of obtaining sexual gratification, he engages in it when another person is present who is mentally defective or has an unsound mind, or is in a place from which he can be observed by that person; and he knows or believes that the other person is aware, or intending that the other person should be aware, commits an offence and is liable on summary conviction to imprisonment for a term of five years or on conviction on indictment to a term of ten years. the mind.