Consensual Relationship Between Married Adults Not Criminal, Says Calcutta High Court:

The Calcutta High Court’s Jalpaiguri circuit bench has observed that a sexual interaction between two married individuals does not constitute a crime when both parties consent to it from the outset. This statement comes as part of a judgement delivered by Justice Bibhas Ranjan De, as cited by a Times of India report.

In cases where both individuals know each other’s marital status, and a relationship has already commenced, then consent may be considered reciprocated. “In such circumstances, consent is not coerced or obtained through trickery, but rather freely offered to a willing partner, highlighting the existence of lasting attraction. It is presumed that both spouses comprehend their obligations as married persons,” Justice DE added.

Case Dismissed Against Accused in Extramarital Affair Complaint

The court dropped the charges in the criminal case regarding the accusation of a man who allegedly misled a married woman into a relationship with promises of marriage he never intended to fulfill. Justice De explained that the accusations lacked proof of suffering “culpable intent” or “clandestine motives” from the alleged perpetrator.

The complaint was filed on September 8, 2024, at the Maynaguri police station. It stated that the man deceived the woman during their two year relationship, which came to light after her husband discovered the affair and mandatory separation. Following this, the woman supposedly requested the man to marry her and after he refused, she brought forth the case under Sections 69 (sexual intercourse by deceit) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS).

Supreme Court Had Flagged Similar Trends Earlier

Previously observing, the Supreme Court expressed their concern in a judgment regarding the unhealthy increase of long-term relationships being romanticized and then turned into a crime when they go awry. They pointed out cases where criminal law was too easily intertwined into personal issues.