Rajasthan High Court: Big Judgement! Consensual Sex Outside Marriage Not a Crime

The Rajasthan High Court recently clarified that consenting adults engaging in sexual activity outside of marriage is not a criminal offense. This important judgment came during a case where a man accused three people of abducting his wife.

The woman, however, appeared in court and denied the abduction claims. She stated she had willingly entered into a live-in relationship with one of the accused.

Adultery No Longer a Crime

Justice Birendra Kumar, presiding over the case, highlighted that the concept of adultery, previously considered an exception under Section 497 of the Indian Penal Code (IPC), was struck down as unconstitutional by the Supreme Court in 2018.

Husband Sought Reinstatement of FIR

The husband, unable to appear due to incarceration for another offense, petitioned the court to reinstate a First Information Report (FIR) filed under Section 366 of the IPC, which deals with kidnapping and abduction for marriage.

Arguments for and Against

The husband's lawyer argued that the wife's admission of an extramarital relationship should be considered. He contended that the court should prioritize social morality over the actions of a married person in such situations.

Court's Final Decision

The High Court, however, emphasized that consensual sexual activity between adults outside of marriage does not constitute a legal offense. The court further clarified that Section 494 of the IPC, pertaining to marrying someone during the lifetime of their spouse, wouldn't apply in this case as there was no proof of remarriage.

Case Dismissed Due to Lack of Merit

Finding no legal basis for the husband's claims, the court dismissed the petition. This landmark judgment upholds the right to privacy and bodily autonomy for consenting adults in Rajasthan.