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Unmarried Couples in Hotels: Can Police Arrest You? Lawyer Explains Your Rights
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News18•03-10-2026, 14:37
Unmarried Couples in Hotels: Can Police Arrest You? Lawyer Explains Your Rights
- •According to lawyer Kaushik Gupta, two consenting adults voluntarily staying together in a hotel is not a crime.
- •If police harass them, legal action can be taken against the police, as Article 21 grants citizens the right to privacy.
- •Even a married person staying with someone else's spouse is not against the law, though it can be grounds for divorce.
- •Adultery is not a criminal offense in India, so police complaints cannot be filed for it.
- •The Constitution recognizes 'Constitutional Morality,' but 'Societal Morality' has no place in law.
Key Questions Answered
No, it is not illegal. According to legal experts, if two consenting adults stay together voluntarily in a hotel room, it does not constitute a crime under Indian law.
No, police cannot arrest or harass consenting adult couples simply for staying together. Under Article 21 of the Indian Constitution, citizens have a fundamental right to privacy, and legal action can be taken against police harassment.
No, adultery and extramarital affairs are not criminal offenses in India. While an affair can be used as legal grounds to file for divorce, a spouse cannot file a criminal police complaint regarding it.
