Allahabad High Court: Relationship Between Jija and Sali is Immoral, But Not Rape if Woman is Major
The Allahabad High Court has observed that while a relationship between a brother-in-law (jija) and sister-in-law (sali) is immoral, it does not amount to rape if the woman is an adult and a consenting party.
Justice Sameer Jain made this observation while granting bail to a man accused under Sections 366, 376, and 506 of the Indian Penal Code (IPC). The allegation was that he enticed his wife’s sister under a false promise of marriage.
During the bail hearing, the accused’s counsel argued that the relationship was consensual and that the FIR was lodged only after the informant (family member) came to know about it. The counsel also highlighted that the alleged victim initially denied the allegations in her Section 161 CrPC statement, but later supported the prosecution’s case in her Section 164 CrPC statement.
The prosecution opposed the bail plea but admitted that the woman was a major, and there was no clear record showing lack of consent.
The Court noted that while the relationship was socially and morally unacceptable, it would not legally amount to rape since the woman was an adult and had entered the relationship willingly. The Court also recorded that the victim herself later admitted to having a relationship with the accused and even married him.
Considering that the accused had been in custody since July 2024 and had no prior criminal history, the High Court granted him bail.
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