Relationship Between Brother-in-Law and Sister-in-Law Is Immoral, But Not Rape If Woman Is Adult: Allahabad High Court
The Allahabad High Court has said that a relationship between a brother-in-law (jija) and sister-in-law (sali) is morally wrong. However, if the woman is a consenting adult, this relationship does not amount to rape under Indian law.
Justice Sameer Jain gave this observation while granting bail to a man accused of enticing and raping his sister-in-law. He was charged under Sections 366 (kidnapping), 376 (rape), and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The accused’s lawyer argued that his client was falsely accused and that both the man and the woman had been involved in a mutual relationship. The lawyer said the woman is an adult and at first, she denied the allegations in her statement under Section 161 CrPC. Later, she changed her version in a Section 164 CrPC statement, supporting the case against the accused and claiming they had developed a relationship and even married.
The Assistant Government Advocate (AGA) opposed bail but agreed that the woman is a major and the evidence did not clearly show that she was forced or not a consenting party.
Taking all these facts into account, including the woman’s age and the initial denial of the allegations, the Court said that while their relationship is certainly immoral, it does not qualify as rape since the woman is an adult who had consented.
The Court also noted that the accused had no past criminal history, had been arrested in July 2024, and had spent time in custody. Based on this, the Court decided to grant him bail.
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