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Relationship Between Man and His Sister-in-Law Immoral but Not Rape if Woman is an Adult, rules Allahabad HC


Allahabad: The Allahabad High Court recently observed that while a relationship between a man and his sister-in-law (wife’s sister) is immoral, it does not constitute the offense of rape if the woman involved is an adult.
This observation was made by Justice Sameer Jain while granting bail to an accused charged under Sections 366, 376, and 506 of the Indian Penal Code (IPC).
Case Background
The accused, a brother-in-law, was alleged to have lured his sister-in-law into a relationship under the false promise of marriage. A First Information Report (FIR) was filed by the complainant after the incident came to light. The accused had been in custody since July 2024.
The defense argued that the case was falsely framed against the accused. They admitted that an illicit relationship had developed between the accused and the complainant's sister-in-law but contended that the woman was an adult and consented to the relationship.
It was also noted that the woman initially denied the allegations in her statement under Section 161 of the Code of Criminal Procedure (CrPC) but later altered her stance under Section 164 CrPC to support the prosecution's case.
Court's Observations
Considering the arguments, the court observed: The alleged victim was an adult, and there was no evidence to suggest that she did not consent to the relationship. The accused admitted to having an illicit relationship with the alleged victim. While the relationship may be deemed immoral, it does not amount to rape under the law if the woman is a consenting adult.
Bail Granted Taking into account the following factors, the court granted bail to the accused: The alleged victim initially denied the accusations but later supported the prosecution. The accused had no prior criminal history. The accused had already been in custody for several months.
The court emphasized that despite the moral concerns surrounding the relationship, the legal framework does not categorize consensual adult relationships as rape. The accused was granted bail with the court recognizing the nuances of consent and the lack of criminal history.
This decision underscores the legal distinction between morality and criminality while reinforcing the importance of consent in cases involving adult relationships.
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