is it illegal for unmarried couples to stay together in hotels?
30 Apr 2011, 03:33
very recently a friend of mine ran into some trouble as he was staying in a hotel with his girl friend.both are adults and 25 years of age.i wish some one will help me with this.i want to know whether it is illegal for unmarried couples to stay in hotels? is there any court verdict about this.please do help me…
47 Replies
I don’t think so.
But I think the police knows that the couples don’t want their parents to find out and thus extort money from them.
Personally,
As long as they aren’t carrying bombs etc. and are paying the hotel rent, it’s fine.
Constitutionally we have a Freedom to reside and settle in any part of the territory of India and a hotel room does fall under the purview of the article. So, legally you can have no trouble whatsoever. Lawfully expounded, the UNDHR, ICCPR and several conventions provide u with the right to free movement and being unmarried is not a reasonable restriction.
Now coming to the practical application of this, the onus is just to make sure the hotel is not a shady one and the area is fine :P You cannot be stopped from spending a night together at a hotel room regardless of your marital status.
Are you an avid MUN-er by any chance?
avid debater and mooter.
Munner since much recently.
Why?
In 2001, the Allahabad High Court held that a major man and woman can stay together without getting married if they want and this is not illegal. (Payal Sharma v. Superintendent, Nari Niketan, Agra)
In S. Khushboo v. Kanniammal , the Supreme Court, placing reliance upon its earlier decision in Lata Singh v. State of U.P. , held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex, and it is not a criminal offence under any law.
In short it is not a legal wrong if you can prove that the couple are consenting adult and not coming under the ambit of the The Immoral Traffic (Prevention) Act, 1956.
However it is wiser to do what the policemen suggests unless you are a rebel and want a huge publicity.
well…the cases are v aptly sited… Allahabad HC ..has held that it is not illegal but immoral. Law often takes that course which the society greatly admires. So the social aspect of this kind of rendezvous has to be kept in mind. Plz mind it that .though it has been held by the courts to be not illegal..do not understand it mistakenly as a pat on the back or encouragement.
regards.
Adv. K N Bhattacharyya.
I have one doubt. If suppose, I am in a hotel with my Girlfriend, police came and say to arrest us, then legally hw we can deal with police??
Not illegal at all, but the morality is equally respected in our country. So just make sure that you do not become victim of moral police. Verify that the girl with you is major in age and is carrying her identity card with herself and some age proof. more over she should not be afraid to let the officer talk to her parents or guardians in case you guys are dependent. because if you show some kind of hesitation to let the officer talk to your parents or guardians and they find that you are hiding something its more possible that you are targeted.
So go ahead and be sure that you don’t do any thing illegal.. morality depends on societies perception and will change with times..
what do u mean by major in age??
Legally, its not an offence to have pre marital sex or even live in relationship in India but as some of my friends told earlier, no such person want to disclose or share the same with his/ her parents; as far as police inquiry is concerned they can even take you from your home too, they had the right for that but for inquiry only, but as we all know how police does that thing that’s y no one wants to take the risk & there there the policemen can take advantage of benefit of doubt.
Frankly speaking if u ever get caught in such situation don’t be afraid try to be confident coz legally u r not wrong, its not at all an offence.
Legally, their is no illegality if a boy and a girl stay in some hotel with the existence of consent among themselves. No section of ipc is attracted unless they do somethingw violent and prohibited by law. If they stay with mutual consent and are major in age 376/362/363 are not attracted.
boy above 18 and girl being crossed the age limits of 21 years
Someone mentioned that you have to prove something under the The Immoral Traffic (Prevention) Act, 1956. Let me correct this; YOU have to prove NOTHING. The onus of proof is on the police or whatever other agency is alleging that you’re in violation of this act. Presumed innocent is a doctrine that shouldn’t be forgotten.
[quote=“Anonymous” post=4408]I have one doubt. If suppose, I am in a hotel with my Girlfriend, police came and say to arrest us, then legally hw we can deal with police??[/quote]
sir..i just want to know..if a boy and girl (both completed 21 yrs age)…is being held y the particular law enforcement agency…How can they .i mean by which all IPC provision tat they can prove tat they can stay together as per their wish
i need references to the IPC sections tat allow a girl and boy to be together wherever they want like in a hotel or in a flat ,etc
just mention the the law (sections of IPC) y which they can prove so../
Our criminal justice system does not work on a negative list basis. Meaning - the IPC and other legal statutes do tell you what is “legal”, they tell you what is “illegal”. There are no enabling provisions in the IPC which you can rely on to say “I am doing this because it is permitted by the IPC”. Everything is legal unless forbidden by law. So, unless a police official can show that what you are doing falls within the scope of actions forbidden by statute, whatever you are doing is perfectly legal. [I realise that this is an oversimplified approach but would stand most tests]
@Legaltiger: U cite the judgments and all the spiel and then advise do not mess with the police unless ur a rebel. Are u serious? why don’t you go through these judgments first. Its attitude like this that gives the police the balls to behave the way they do.
[quote=“Anonymous” post=2932]very recently a friend of mine ran into some trouble as he was staying in a hotel with his girl friend.both are adults and 25 years of age.i wish some one will help me with this.i want to know whether it is illegal for unmarried couples to stay in hotels? is there any court verdict about this.please do help me…[/quote]
What if two people think that it’s morally right for them? I mean, Moral is a ‘PERSONAL” thing so it can’t be generalized. So, If I think Its okay to have safe sex with my girlfriend just because I think Sex is the basic need… I mean Even Abraham Maslow had put ‘sex’ as the basic need along with water,shelter and air. SO, to satisfy my basic need is not an immoral act right? And anyways, About culture I would say, you wont find nude carvings and paintings as old as India have in Khajuraho and Ellora caves. Kamasutra is given to world by India like “0(ZERO)”… so, thats all cool na sir? With knowledge you can know differentiate between Whats actually Indian culture and Whats actually a Propaganda.
And yea.. I had Sex with my Girlfriend many times in hotel, so just in case as an advice…Spend bit more in hotel rather than giving it to corrupt govt.as a bribe. Choose a good one and have Fun!
It is not illegal for two unrelated majors to stay in one hotel room. Right to movement is constitutional. But no hotel in Hyderabad allows this.
I know a hotel which doesn’t have any problem in renting a room to such love birds.
It is a decent hotel in center of city. There is no risk of police checking etc. The room cost will be Rs 1600 starting.
Mail me at: rajanons @ gmail. com (without spaces) if interested. Drop your phone number in the mail and I will contact you. Or click reply to this ad’ on right side. No other mode of communication.
is it legal for a boy of 20 and a girl of 18 to stay together in hotels without marrage
Hi - unless you’re drinking and the legal drinking age in the state is 21, the above laws and advice applies. You may have difficulties in some hotels and areas, but the law should be on your side.
Can you name few good hotels in Delhi? :) ;)
today i was in place which was just like a forest,and suddendly cop came and caught me and she both,we were just talk with each other by maintaining a gap between us. but according to cop we was making fun…
is this was unillegal???
I don’t think it’s of anyone’s business. Encouragement or no, police should not use this as an excuse to extort. Catch terrorists not people who make love. Catch people who bring bombs in to the country not those who bring their lovers into a room.
send me the details to my mail id - (Adv.04_manjunatha[at-the-rate-of]gmail[dot]com)
I totaly agree..I rili can’t understnd y these cops r always busy in harassing people for these silly thngs yaar! dere are so many exploitations ,so many indecent thngs hapening evry now n den in our country!dey shud concentrate on those tngz rather than harassing d lovers n embarassing dem for such a silly cause..Aftr all they r not doin harm to anybody!I mean dey shud mind dere own business n gve everybdy a li’ll privacy.If Law is the last word in our country,n if dis is not an illegal thng to do, then dey r definatly disrespecting d law by unreasonably harassing d lovebirds.I wish evrybdy have fun and enjoy dere life to d fullest..
Looking for a decent hotel in delhi where i can spend three days with my girl friend.
If possible tell me hotels which doesnt ask for ID cards.
mail me at (nymphlover321[at-the-rate-of]gmail[dot]com)
Yes,… U r absolutely correct according to me… why these cops always put an agle eye on the hotels
”
it is not illegal if a couple who have attained the age of 25 years is living together in a hotel.
The Supreme Court has ruled that a live-in relationship not sanctified by marriage is neither a crime nor a sin. The judgment came while the bench was adjudicating dispute between a live-in couple, wherein a lady sought maintenance from a man after the relationship came to an end.
On the back of this ruling, the apex court bench headed by Justice K S Radhakrishnan regretted that there are no statutes to regulate live-in relationships, and has has asked Parliament to frame laws that will protect women in such relationships, and also the children born outside of wedlock.
""Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country,"" the apex court ruled. ""The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.""
Arguing that when such relationships break down, it is invariably the women who suffer, the SC said however that it was not asking the Legislature to promote pre-marital sex. However, the bench said, it was time to take cognizance of the fact that such relationships are increasingly prevalent, and in many cases long-standing. The bench, however, added that an adulterous relationship did not come within the ambit of this ruling.
Regards
Isha bhardwaj
I AM 21+ AND MY GIRLFRIEND IS ALSO 21+
I WANT TO SPEND A NIGHT IN HOTEL ROOM WITH HER AND SURELY WITH HER DUE PERMISSION.
IS THIS ILLEGAL ACCORDING TO OUR CONSTITUTION?
BOTH OF US HAVE AGE PROOF AND WE DONT DRINK..
CAN WE HV SEX?? IS THAT ILLEGAL IN HOTEL?
PLEASE ANSWER
if in past any one can did sex…after that any female compart can make him charge of illagale sex…of rape charge?
Yes, Satyendra You can Stay in Radisson Hotel and no one will ever ask Questions!! Now take your black Verna and go; Get some Life Dude!!! You are the coolest man ever on Planet, You have a Girlfreind, studying in top law school; Life’s settled; Be Confident; That’s all you need, What else do you need in your life. Good Lord…
And God-Forbid, You may have an Erectile Dysfunction, due to this tension!! :P
S.294(a), IPC, says whoever, to the annoyance of others, does any obsecene act in any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. So this is the ground on which police can ask you to leave or can arrest you. If you are just sitting and talking without any display of affection(indecent), nobody can harm you. But you should be sure that you are not in a security restricted area or a private area. If its a public place, you are free. Its a free country ! Somehow!
i was sitting with my girlfreind , and was kissing her and a cop came threatened us to go to police station, threatening to forfeit my car .. and even saying of court and made 10000 rupees he was also more like using the girl, but it didnt happen
what to do with such b.c cops..want to fuck them hard as i could .. tell me
until and unless you are dealing with drugs …no worries
Yaar i dont know it is legal or not but i want to say is that it should not be illigal as a guy and a girl can have some time together .
Well look first of all nobody can question upon any couples without mariage or with marriage this is a sensitive issue because then you have to be ready for following cosequences:
the police will have the first say in these matters because there is no evidence supporting you guys better evade living together in hotels before marriage unless it is for oficial meeting or for that matter out of station people etc
what if the girl is of 17 yrs and
staying with boy in hotel…?????
As Long as you are two human beings … in consent… and can take responsibility for all the acts you do, no force and no law would come your way; Only remember that people are ought to think negative first, allege you but it is you who has to poke them to prove it what they really presume … police and law are public servants ; we got our independence in 1947 ; you are a citizen of a free India and you are protected by privileges laid down in Constitution of India.
You are a Responsible Citizen and our Nation expects you to be responsible enough.
Best Wishes for both of you !
My number 8686516600 where is that hotel you mentioned I want address..
[quote=“rajanons” post=7672]It is not illegal for two unrelated majors to stay in one hotel room. Right to movement is constitutional. But no hotel in Hyderabad allows this.
I know a hotel which doesn’t have any problem in renting a room to such love birds.
It is a decent hotel in center of city. There is no risk of police checking etc. The room cost will be Rs 1600 starting.
Mail me at: rajanons @ gmail. com (without spaces) if interested. Drop your phone number in the mail and I will contact you. Or click reply to this ad’ on right side. No other mode of communication.[/quote]
Hi friends am 24years old and my girlfriend 20 yrs old so we r playing to go bangalore for 2 days, mah girlfriend request me favour to take her to bangalore so I have planned to stay in hotel it’s ok for me and thought law…isn’t illegal or legal.?
Abe hotel kya tum jaha marji thehro,koi bhosdi ka kuch ni ukhad skta
if that couple has submitted fraud marital status documents and booked room & spent 2-3 nights..then is that legal?
Hi l am student my girl friend live in Lucknow an both want sex please any hotal room available please asked the room want 10am to2pm