Gujarat Woman Accuses Husband of Forcing Couple Swapping and Subjecting Her to Domestic Violence 

Gujarat: A married woman from Rajkot, Gujarat, has lodged a police complaint alleging that her husband subjected her to domestic violence and repeatedly pressured her to participate in non-consensual “couple swapping.” According to her complaint, the coercion allegedly began within a few months of the marriage, and she was physically and mentally abused whenever she refused to comply with her husband’s demands. She further alleged that she was threatened and harassed for resisting these acts.  

The complaint has prompted the police to initiate an investigation into the allegations. Investigators are expected to record the victim’s statement, examine electronic communications and other available evidence, and verify the allegations before determining the offences to be invoked. At this stage, the allegations remain under investigation and have not been judicially established.  

Legal Significance 

If the allegations are substantiated, several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) may be attracted. The alleged physical assaults may constitute Section 115 BNS (Voluntarily Causing Hurt), while any acts involving force or coercion with a sexual intent may attract Section 74 BNS (Assault or Criminal Force to a Woman with Intent to Outrage Her Modesty). Persistent unwelcome sexual demands or coercive conduct may also amount to Section 75 BNS (Sexual Harassment). If the complainant was threatened to compel her participation, Section 351 BNS (Criminal Intimidation) may also become applicable, depending on the evidence collected.  

In addition to criminal liability under the BNS, the complainant may seek civil relief under the Protection of Women from Domestic Violence Act, 2005, which provides remedies such as protection orders, residence orders, monetary relief, compensation, and custody orders. The case highlights that a spouse’s consent is indispensable in any sexual activity, and coercion, intimidation, or violence within marriage can give rise to criminal prosecution as well as statutory remedies under domestic violence law. 

Action to be Taken 

The police should conduct a prompt and impartial investigation by recording the complainant’s statement in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), collecting medical evidence where relevant, preserving electronic communications, obtaining witness statements, and securing any digital or documentary evidence supporting the allegations. If the investigation reveals sufficient evidence, the appropriate provisions of the BNS and other applicable laws should be invoked, and the accused should be proceeded against in accordance with law. 

The complainant should be provided immediate access to legal aid, counselling, and protection services wherever necessary. The authorities should also facilitate her access to remedies under the Protection of Women from Domestic Violence Act, 2005, including protection orders and residence rights. Public awareness programmes on consent, domestic violence, and coercive sexual abuse within intimate relationships should be strengthened to encourage timely reporting and ensure effective protection of victims. 

📰 Source: News18 (English)