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Allahabad High Court: Immoral Jija-Sali Relationship Not Rape If Woman Is a Major

The Allahabad High Court recently ruled that while a relationship between a brother-in-law (jija) and sister-in-law (sali) is considered immoral, it does not constitute the offence of rape if the woman involved is a consenting adult.

This observation came as the Court granted bail to a man accused under Sections 366, 376, and 506 of the Indian Penal Code. He was alleged to have lured his sister-in-law under the false pretense of marriage.

Case Details

Justice Sameer Jain heard the bail plea, during which the accused’s lawyer argued that the man was falsely implicated. The lawyer admitted that an illicit relationship had developed between the accused and the alleged victim, which came to light when the informant lodged an FIR.

The alleged victim, a major, initially denied the allegations in her statement under Section 161 CrPC but later supported the prosecution’s case under Section 164 CrPC. She admitted to having developed a relationship with the accused and marrying him.

Court’s Observations

The Court considered several factors:

  1. The woman is a consenting adult.
  2. There was no evidence suggesting non-consensual acts.
  3. The accused had no prior criminal record.
  4. The alleged relationship, though immoral, does not qualify as rape under the law.

Justice Jain emphasized that the immorality of the relationship does not legally translate into criminal liability under rape laws if consent is established and the woman is of legal age.

Bail Granted

Taking into account the accused’s lack of a criminal history, his arrest in July 2024, and the details of the case, the Court granted bail. This decision underscores the distinction between moral judgments and legal definitions in criminal cases.

This case serves as a reminder of the importance of consent and legal age in determining the applicability of rape charges. While societal norms may disapprove of certain relationships, the law prioritizes individual consent and adult status.

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