The Allahabad High Court, while granting bail to a man accused of exploiting his sister-in-law, clarified that such a relationship, deemed immoral, does not constitute rape if the woman is an adult and consenting. Justice Sameer Jain emphasized the victim’s maturity and lack of evidence against consent, despite initial accusatory statements.
Allahabad: The Allahabad High Court recently addressed a sensitive case involving a relationship between a brother-in-law (jija) and his sister-in-law (sali), clarifying its legal stance. Justice Sameer Jain, while granting bail to the accused in the case, noted that while such a relationship is considered immoral by societal standards, it does not constitute the offence of rape if the woman is an adult and a consenting party.
The accused, charged under Sections 366, 376, and 506 of the Indian Penal Code (IPC), was alleged to have enticed his sister-in-law under the false promise of marriage. The case was brought to light after an FIR was lodged by the informant, who claimed that the accused had exploited his sister-in-law.
The counsel for the accused argued that the allegations were baseless and stemmed from the informant’s knowledge of the illicit relationship between the accused and the alleged victim.
The defense emphasized that the victim, being a major, had initially denied the accusations in her Section 161 CrPC statement, only to later align with the prosecution in her Section 164 CrPC statement. Furthermore, it was stated that the alleged victim had voluntarily entered into a relationship and had subsequently married the accused.
On the other hand, the Additional Government Advocate (AGA) opposed the bail plea but conceded that the alleged victim was an adult and that there was no evidence to suggest she was not a consenting party.
The High Court carefully examined the case, considering the victim’s statements, her age, and the context of the relationship. Justice Sameer Jain remarked that while such a relationship may be deemed immoral, “it does not constitute the offence of rape if the woman is an adult.” The Court also noted the absence of any criminal history against the accused, who had been in custody since July 2024.
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