The Supreme Court of India on Monday, during the hearing of a bail petition, made important comments regarding physical relations before marriage. The court has said that until marriage takes place, the boy and the girl are strangers to each other. Therefore they should be very careful in such matters. This comment was made by Justice B.V. The bench of Justice Nagarathna and Justice Ujjwal Bhuyan in a case in which a person is accused of having a physical relationship by making a false promise of marriage. The accused is said to be already married and later he married another woman. In such a situation, let us now tell you whether having sex before marriage is right or wrong and can there be any punishment for this.

What is the whole matter?

According to this case, the complainant woman had met the accused through a matrimonial website in 2022. It is alleged that the accused had relations with the woman several times in Delhi and later in Dubai by promising her marriage. The woman claims that even private videos were recorded without her consent and she was threatened to make them viral if she protested. Later the woman came to know that the accused was already married and in January 2024 he got married for the second time in Punjab. The lower court and the Delhi High Court have rejected the bail plea of ​​the accused, after which the accused filed a special leave petition in the Supreme Court.

What was the court’s comment?

During the hearing, the court also raised questions as to why the complainant went to Dubai with the accused. When told that both were planning to get married, Justice Nagarathna said that if the woman was serious about marriage then he should not have gone with her before the marriage. The bench also said that it is possible that he may have old views, but it is not appropriate to trust someone completely before marriage. The court indicated that this case appears to be a consensual relationship and in such cases the possibility of a settlement can be considered instead of a lengthy trial. A date has been fixed for the next hearing of the case.

Is having sex before marriage a crime?

Merely having consensual sex before marriage is not considered a crime in itself. However, if it is proved that the relationship was established under false promises, deception, pressure or concealment of identity, then the case can be criminal. Under Section 69 of the Indian Judicial Code, if a person enters into a physical relationship by making a false promise of marriage and the allegation is proved, then he can be punished with imprisonment of up to 10 years and fine. This provision also includes relationships created by giving job, promotion or other false inducements.

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