“Jab Koi Pyar Mei Hota Hai Tab Koi Sahi Galat Nahi Hota”…..If you are an Indian who has watched the movie Jab We Met, did you fall in love with Geet’s words? Well, for filmy fantasies, it all sounds perfectly on point. However, real world legality hits harder when all the love drains down the sewer towards illegal consequences. Speaking of that, can love be unlawful? What is an illegal relationship and what are its consequences? Let us go one step at a time to understand the legal consequences of an illicit relationship which the law does not recognize but prohibits.
Legally, What is an Illegal Relationship?
Illegal means anything that is in violation of the existing laws. An illegal relationship is one which goes against any of the laws in force in India. In other words, any relationship which is expressly prohibited under the Indian laws can be considered as illegal. There is one thing of being recognized by law, and not allowed as per applicable laws being the other one. Not being allowed also means that a person can be punished for being in such a relationship. Hence, an illegal relationship is punishable as well.
For example, live-in relationship is not as such legally recognized (except for Uttarakhand Uniform Civil Code). But, it has not been declared illegal or against the law, and Courts have also clarified that though it is morally bad, but not illegal to punish live-in partners. Inter-faith marriages are recognized by law when they are performed as per applicable laws, whether personal or secular laws. The answer to Can a Muslim marry a Hindu is a YES! But either one has to convert to become of same religion, or the two have to marry under the Special Marriage Act. However, if they simply marry as per Hindu or Muslim customs, they will not be considered legally married, and it will not be an illegal relationship.
Bigamy
Bigamy means when a person marries another during the lifetime of a married spouse. In other words, bigamy is when a man marries a woman, and while she is still his wife (not dead or divorced), he marries another woman. Bigamy under Bharatiya Nyaya Sanhita is an offence as per Section 82. The provision lays punishment for marrying again during the lifetime of husband or wife. Hence, it can be understood that bigamous marriage is an illegal relationship. Anyone who commits bigamy is punishable with imprisonment of maximum 7 years with fine. In case the fact of existing marriage has been concealed from the other spouse, the maximum imprisonment goes up to 10 years.
It may be noted that Muslim Personal laws allow polygamy for Muslim men. This way, a Muslim man can have four wives at a time, under special circumstances. The Courts have time and again reiterated that a Muslim man cannot marry multiple women as a matter of right. If married under justified circumstances, a Muslim man cannot be punished for bigamy in India.
Relationship with a Minor
Legally speaking, one of the most risky illegal relationships in India is that with a minor. The POCSO Act seeks to punish any inappropriate act committed against a child with sexual intent. If an adult person is in a relationship with a minor, he/she can be prosecuted under POCSO Act for sexual assault, sexual harassment, etc. If it is a sexual relationship, penetrative sexual assault is severely punishable. Does not matter if the minor had consented or even initiated such a relationship. It is an illegal relationship and should be avoided in all cases, or it may land someone in jail in the name of love.
Illegal Relationship at Workplace
Some companies have rules which prohibit office romance. This means if two employees at a workplace have an affair, regardless of whether both are unmarried or both are at the same level of employment, it is considered an illegal relationship which may lead to termination of employment. Employer-Employee relationships as well as Senior-Junior relationships are frowned upon for the chances of influence and professional interests.
Just in case what started as consensual ends up with a relationship going south, consequences under the POSH Act may attract. In this case, only male employees are punished if allegations are proved. So if a woman at work is in a relationship with a man, and due to some troublesome phase decides to lodge a POSH complaint against him, it may be hard for him to prove a consensual relation, making it an illegal relationship in the eyes of others.
Illegal Relationship Punishment
- Bigamy – As mentioned earlier, bigamy is an offence under the BNS 2023. The punishment for an illegal relationship in a marriage is up to 7 years or 10 years of imprisonment, depending upon whether the other spouse had knowledge of the existing marriage.
- Extramarital affair – Though not illegal, extramarital affairs are still considered immoral relationships. The New Criminal Laws do not punish adultery as a crime. However, adultery remains a ground of divorce. Regardless of whether it is a husband or a wife, they can end the marriage if their spouse is having an adulterous relationship with another.
- Relationship with a Minor – A romantic relationship with a minor can bring serious consequences. Depending upon the specific act complained of, the illegal relationship punishment with a minor may attract a sentence ranging from 3 years of imprisonment to 20 years, life imprisonment, or even death penalty.
- Illegal Relationship at Workplace – Since it is about employment, illegal relationships at work may lead to transfer, payment of compensation, suspension, or even termination of employment. If allegations are serious, a criminal case may also sprout from a POSH complaint.
Conclusion
Based on what can be understood from the discussion above, what is an illegal relationship is clear. It is all about what is legally and socially acceptable. Examples of live-in relationships and extramarital affairs signify that though it may be morally wrong, they still do not land under illegal relationships in India. However, even if consensual, a relationship with a minor is illegal in India. Hence, the law of the land makes the difference for how a relationship turns illegal, as it lays illegal relationship punishment in an express manner.
FAQs around Illegal Relationships
Q. Is there any Illegal Relationship Act in India?
A. There is no such law in India titled as Illegal Relationship Act. No relationship is expressly declared as illegal as well. There are certain relationships in India which are punishable through specific penal provisions, as discussed above.
Q. Is Live-In Relationship Illegal?
A. The Courts in India have time and again clarified that live-in relationships are not illegal in India. Though it may not as such align with the moral or social fabric of Indian culture. However, with changing times, the Courts have reiterated that two adults can live in the company of whoever they choose. Even married people can live in a relationship with an outsider and they cannot be punished for such acts. Though it may have other consequences like divorce or newly emerged scope of damages for alienation of affection.
Q. Is extramarital affair allowed?
A. The law in India does not promote romantic relationships involving married people with someone else (commonly termed as extramarital affairs). However, the law does not punish such affairs as a crime as well. So if we address the query, adultery may not be punishable, but they are not expressly allowed. The aggrieved spouse may also approach the Court for seeking divorce due to husband or wife’s extramarital affair.
Q. Is a relationship between siblings illegal?
A. Sexual relationships between close relatives is termed as “incest”. Neither the New Criminal Laws, nor the Colonial era Indian Penal Code expressly defines incest or sibling relationships as a crime. The definition of rape under Bharatiya Nyaya Sanhita, which seeks to punish non-consensual sexual relations, does mention incestuous relationships. However, if siblings who are two adults, indulge in consensual sexual relationships, there is no law to punish them. That being said, sibling marriages are prohibited in all personal laws as well as the Special Marriage Act. Thus, relationship between siblings may not be illegal, but they are considered a taboo in Indian society.
Q. Is adultery a crime in India?
A. Though adultery is no longer a crime in India, it remains a ground for divorce under personal laws like Hindu Marriage Act, and secular laws as well.
