Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law (jija and sali) is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. A bench of Justice Sameer Jain observed thus while granting bail to an accused (Jija) who was booked under Sections 366, 376, 506 IPC on the allegation that he enticed away his sister-in-law (wife's sister/saali) under the false promise to perform marriage with her. Seeking bail for the applicant, his counsel argued before the single judge that his client had been falsely accused in the present matter. He, however, submitted an illicit relationship had developed between the sister-in-law (the alleged victim) and brother-in-law (applicant), and when this fact came to the knowledge of the informant, he lodged the FIR of the present case. It was further submitted that the alleged victim is a major who had earlier denied the allegations in her Section 161 CrPC statement; however, later on, she changed her statement under Section 164 CrPC and supported the prosecution's case. On the other hand, the AGA, though opposed to the prayer for bail, could not dispute the fact that the alleged victim is a major and from the record, it could not be reflected that she was not the consenting party. Against this backdrop, the Court took into account the allegations against the accused, the arguments advanced by both parties and the fact that the alleged victim initially denied the allegations against the applicant but later on supported the prosecution's case, stating that she had developed a relationship with the applicant and married him. In view of this, the Court emphasised that though their relationship was immoral, the relationship wouldn't attract the offence of rape as the alleged victim is a major. Furthermore, the Court also considered that the applicant's counsel had admitted that an illicit relationship was developed between the applicant and the victim. Against this backdrop, noting that the accused applicant was arrested in July 2024 and has no criminal history, the court allowed his petition and granted him bail.

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

Sparsh Upadhyay

Tags