Sex between consenting married adults not a crime: HC

KOLKATA: A physical relationship between two married adults, if consensual since beginning, does not amount to luring somebody with a false promise of marriage and is not a criminal offence, Calcutta HC's Jalpaiguri circuit bench recently held.

Justice Bibhas Ranjan De on Friday said: "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."

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

The complaint was lodged on Sept 8, 2024, by the woman. The brief of the case is that the 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 to marry the man with whom she was having the affair.

When the man refused, 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.