Relationship between 'Jija & Sali' immoral but rape offence not attracted if woman is major: Allahabad HC

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law (jija and sali) is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape.

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law (jija and sali) is immoral; however, it cannot be considered rape if the woman is an adult and the relationship is consensual. This observation was made by a bench of Justice Samir Jain in a case where the accused brother-in-law was alleged to have eloped with his sister-in-law under the false pretense of marriage and engaged in physical relations with her.

The case came to light when the sister-in-law's family learned about their relationship. The allegation was that the brother-in-law had lured his sister-in-law with false promises of marriage and eloped with her, subsequently engaging in physical relations. The sister-in-law initially denied these allegations in her statement but later changed her statement under Section 164 CrPC, admitting to the relationship with the accused.

While granting bail to the accused brother-in-law, the court remarked that if the woman is an adult and her involvement in the relationship was consensual, it cannot be considered rape.

However, the court acknowledged that this relationship could be considered wrong from a social and moral perspective.

Justice Samir Jain also stated that since the woman is an adult and willingly participated in the relationship, the charge of rape does not hold against the accused.

A case was registered against the accused under Sections 366, 376, and 506 of the IPC, but the court granted him bail due to his lack of criminal history and his detention since July 2024.