If such unmarried man and woman are adults and not minor, and if they voluntarily stay in a single room in a hotel or elsewhere in any other house, etc., then generally there is no legal bar on this and no offence is committed.
This is on the presumption that both man and woman are willing partners and not involved in any prostitution racket or brothel [in the latter case, provisions of the Immoral Traffic (Prevention) Act, 1956, may be attracted, if applicable in the fact situation].
In this regard, it is pertinent to point out that in the case of Lata Singh v. State of U.P., (2006) 5 SCC 475 : AIR 2006 SC 2522, the Supreme Court held that a live-in relationship between two consenting adults of heterogenic sex does not amount to any offence (with the obvious exception of “adultery”), even though it may be perceived as immoral. A major girl is free to marry anyone she likes or “live with anyone she likes”.
Likewise, in the case of S. Khushboo v. Kanniammal, (2010) 5 SCC 600 : AIR 2010 SC 3196, the Supreme Court held that while it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting, with the exception of “adultery” as defined under Section 497 IPC.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
