High Court: Consensual Sex Between Married Adults is Not a Criminal Offense
Image Source: Times of India
Kolkata: The Calcutta High Court’s Jalpaiguri circuit bench has ruled that a consensual physical relationship between two married individuals does not constitute a criminal offence, nor can it be considered as inducing someone under a false promise of marriage.
Justice Bibhas Ranjan De stated on Friday that since both individuals were married and fully aware of each other’s marital status, the consent involved should be regarded as mutual and not as a result of coercion or deception. The judge emphasised that such consent is likely rooted in mutual attraction, with the expectation that both parties understand their respective marital responsibilities.
In a case where a married woman accused a married man of luring her into an affair under a false promise of marriage, the judge found no evidence of “criminal intent or hidden motives” on the part of the accused and subsequently dismissed the charges against him.
The woman had filed the complaint on September 8, 2024, alleging that she and the man were involved in an extramarital relationship for two years. After her husband discovered the affair and chose to separate from her, she requested the man to marry her. When he declined, she lodged a case under Sections 69 (sexual intercourse through deceit) and Section 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita at the Maynaguri police station.
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