Physical relationship between two consenting married adults not crime, says Calcutta High Court

The complaint was lodged on September 8, 2024, by the woman.

The Calcutta High Court’s Jalpaiguri circuit bench said a physical relationship between two married adults, if consensual from the beginning, is not a criminal offence, according to a report by Times of India.

"Both parties are married and aware of each other's marital status. Then, the consent given under such circumstances shall be deemed consensual rather than coerced or misled by a false promise, as the initial consent for a physical relationship will be perceived to be based on mutual attraction. It is expected that both parties be aware of their respective marital obligations,” said Justice Bibhas Ranjan De as quoted by TOI.

The judge quashed the proceedings against the man saying “culpable mentality and clandestine motives" of the accused are not made out in a complaint where a married woman stated that married man lured her into an intimate relationship by a false promise of marriage.

The complaint was lodged on September 8, 2024, by the woman. According to the TOI report, two married people were in an "extramarital affair" for two years. After the woman's husband came to know of it and refused to live with her, she asked the man with whom she was having the affair to marry her.

When the man refused, the woman filed a case against him under Sections 69 (sexual intercourse by employing deceitful means) & 351(2) (criminal intimidation) of BNS at Maynaguri police station, stated the TOI report.

The Supreme Court last year had flagged a “worrying trend” of criminalising long-term consensual relationships after they turn sour. “It is evident from the large number of cases decided by this court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged periods, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence,” the court said.