Extramarital sex between adults not criminal: Calcutta HC sets precedent

synopsis

In a significant judgment, the Calcutta High Court's Jalpaiguri circuit bench ruled that a consensual extramarital relationship between two married individuals does not constitute a criminal offense under the Indian Penal Code (IPC) when both parties are aware of each other's marital status.

Justice Bibhas Ranjan De emphasized that such relationships, entered into with mutual consent and awareness, cannot be deemed as being based on false promises of marriage, reports The Times of India.

The case involved a married woman who filed a complaint against a married man, alleging that he lured her into a physical relationship with the false promise of marriage. 

The two had been involved in an extramarital affair for two years. After the woman's husband discovered the affair and refused to continue the marriage, she sought to marry the man she was involved with.

Upon his refusal, she filed a case against him under Sections 69 (sexual intercourse by employing deceitful means) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS) at the Maynaguri police station.

Justice De observed that both individuals were mature adults, fully aware of each other's marital commitments. He stated, "The consent given under such circumstances shall be deemed consensual rather than coerced or misled by a false promise, as the initial consent for a physical relationship will be perceived to be based on mutual attraction. It is expected that both parties be aware of their respective marital obligations."

The court further noted that the complaint lacked evidence of "culpable mentality and clandestine motives" on the part of the accused. Consequently, the proceedings against the man were quashed.

This ruling underscores the importance of distinguishing between consensual relationships and those involving deceit or coercion. It also highlights the judiciary's role in preventing the misuse of legal provisions in matters of personal relationships.