The Allahabad High Court recently noted that a relationship between a brother-in-law and sister-in-law (jija and sali) is considered immoral. However, if the woman is an adult, such a relationship does not constitute the offence of rape.

Justice Sameer Jain, while granting bail to an accused (brother-in-law) charged under Sections 366, 376, and 506 of the IPC, observed this. The allegations against the accused included enticing his sister-in-law (wife's sister) under the false promise of marriage.

The counsel for the applicant, seeking bail, argued before the single judge that his client had been falsely implicated in the case. It was submitted that an illicit relationship had developed between the brother-in-law (applicant) and the sister-in-law (alleged victim), and when this came to the informant's attention, the FIR in the present case was lodged.

The counsel further contended that the alleged victim is a major and had initially denied the allegations in her statement recorded under Section 161 CrPC. However, she later altered her stance in her Section 164 CrPC statement, aligning with the prosecution's case.

Conversely, the Additional Government Advocate (AGA) opposed the bail plea but did not contest that the alleged victim is a major. The records also did not indicate that she was not a consenting party.

In this context, the Court considered the allegations against the accused, the submissions made by both sides, and the fact that the alleged victim initially denied the accusations but later supported the prosecution's case. She stated that she had developed a relationship with the applicant and subsequently married him.

In light of this, the Court underscored that while the relationship was deemed immoral, it did not constitute the offence of rape since the alleged victim is a major. The Court also took into account the admission by the applicant's counsel that an illicit relationship had developed between the applicant and the victim.