Many people in India are still confused about the law on extramarital affairs. We often see news about police raiding hotels. This makes everyone wonder: if adultery isn't a crime, why are the police getting involved? Let's clear it up.
In 2018, the Supreme Court gave a landmark judgement in the Joseph Shine vs. Union of India case. It struck down Section 497 of the Indian Penal Code (IPC), calling it unconstitutional. Before this, a man could be prosecuted for having a relationship with a married woman without her husband's consent. The court said this law treated women like property and went against the right to equality. So, adultery is not a criminal offence in India anymore, but it can still be grounds for divorce in family court.
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So, why do cops show up at hotels?
Even though adultery isn't a crime, police might visit a hotel for other valid reasons. For instance, they might be investigating a missing person complaint filed by a spouse. They also act on credible tips about serious issues like human trafficking, illegal activities, or cases involving minors. So, it's wrong to assume every police visit to a hotel is about catching couples.
If two adults, both over 18, are staying in a hotel room with mutual consent, they have a right to privacy. No one, including the police, can harass, threaten, or question them without a proper legal reason. The Indian Constitution guarantees every citizen the right to personal liberty and privacy. Bothering couples just on suspicion is not legal.
Sometimes, criminals pose as police officers or social activists to threaten couples and extort money. This is completely illegal. If anyone threatens you, demands money, or tries to forcibly take photos or videos, you should immediately file a complaint at the nearest police station. Every citizen has the right to seek legal action. That's why it's so important to know your rights and the laws around this issue.