Adults willingly engaging in physical relations outside marital setting constitutes no offence : Rajasthan HC

Rajasthan High Court (Credits : Wikipedia)

Jaipur (Rajasthan) – “While it is true that mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting. Section 494 of the Indian Penal Code does not apply here as it is not the case of parties that anyone has remarried during the lifetime of husband or wife. Unless marriage is pleaded and proved, only marriage like relationship such as live-in-relationship (a man and a woman living together without marriage) would not come within the mischief of Section 494 IPC,” such a verdict was given by the Rajasthan High Court in a case. In this case, the petition was filed by the husband that his wife was abducted by the accused persons. However, the wife stated before the Court that she was not abducted by anyone but is living in a live-in-relationship voluntarily. Based on this, the Court gave above verdict.

During the hearing, the petitioner’s counsel claimed that the woman had admitted that she was in an extra-marital relationship with a person named Sanjiv. Therefore, it is an offence under Sections 494 and 497 of the Indian Penal Code. Court should exercise its jurisdiction to protect social morality.

The Court stated that, a major girl is free to marry anyone she likes or live with anyone she likes. In this case, the woman voluntarily left the house and she is in relationship with Sanjiv.

Editorial Perspectives

• Although this does not constitute a legal offense, it is a fact that it is not considered appropriate behaviour from a societal perspective.
• This incident highlights the need to form laws based on the culture of India, and not that of the British.