​The Delhi High Court has ruled that consensual sexual activity between adults is not a criminal offense, regardless of their marital status. This decision came while granting bail to a married man accused of rape on the pretext of marriage. Justice Amit Mahajan observed that societal norms may dictate that sexual relations should ideally occur within marriage, but no wrongdoing can be attributed if such activity occurs between consenting adults, irrespective of their marital status. ​

The court noted that the complainant continued the relationship even after learning about the accused’s marital status, indicating her consent. It emphasized the importance of evaluating allegations with utmost diligence, especially when issues of consent and intent are involved, as false allegations can tarnish reputations and undermine genuine cases.

This ruling aligns with a similar decision by the Rajasthan High Court, which held that consensual sex between adults outside of marriage is not a punishable offense under law.

These judgments reflect a broader legal perspective that consensual sexual relationships between adults, irrespective of marital status, are not criminal offenses under Indian law.​

Sources