Is it illegal to stay with boyfriend/girlfriend in a lodge/hotel in India?

Is it illegal to stay with boyfriend/girlfriend in a lodge/hotel in India?

There are countless incidents where innocent couples are arrested from hotel rooms. The Police arrest them without any valid reason. In many cases, such couples are even blamed for engaging in prostitution. No doubt, there are cases where the teenage girls are forcefully dragged to prostitution, but police has to differentiate before blaming the charge.

Further, it made headlines when the Police broke into hotel rooms in Mumbai. They arrested some 40-odd couples found in these rooms. The police not only charged these couples with ‘indecent behaviour’ and called the parents of these couples but also charged Rs. 1200 as fine with morality lessons.

Now, question arise is it illegal to stay with your boyfriend/girlfriend in a lodge/hotel in India?

The answer is straight “NO”, anyone over the age of 18 years can legally consent for physical relationship.


Then what was their Crime?

The crime was that they were unmarried couples. According to the Police, unmarried couples spending time together in a hotel room is ‘immoral.’

What does the Law say about it?

There is no law in India that restrains any person to consent for physical relationship if he/she is above the age of 18 years but all the moral policing would make you think that staying in hotel rooms is illegal in India if you are an unmarried couple.

But there is not a single law that says unmarried couples cannot stay together or book a hotel room. Refusing to let out a hotel room to someone because of their marital status is a violation of rights.


The Supreme Court has said that it is legal for unmarried couples to stay together.


Then why do hotels refuse to let out a room to an unmarried couple? Also, why does the Police arrest such couples?

The answer is simple. Hotels refuse because they fear the Police. The Police arrests because they love to teach ‘moral’ lessons to young couples, who are busy in spending times together rather than focusing on career.

The only exceptions to this rule are five star and other high-end hotels. These hotels do not ask any uncomfortable questions to their guests, nor do they ask for identity like marriage certificate.

Then again, the fact remains that there are only a few couples who can afford to stay in a five-star hotels. The problem arises when you do not have enough money to spend on a five-star hotel. Your love making remains a dream unless you got married.

Even if you tell the hotel staff that there is no law that forbids an unmarried couple to book a room, the most chances are that they will not relent.


So Mr. LawBaba any Other Way?

Don’t be hopeless. Of course, there many way.

You can book online and no one will ask you uncomfortable questions. When you check into the hotel, all they will ask you for is a valid identity proof.

Please make sure that the identity proof is in the name of the person who made the booking. Also, at the time of booking, read the hotel policies carefully. This will ensure that you do not land up in a hotel that does not allow unmarried couples to stay with them. While most homestays allow young unmarried couples to stay, there might be some which do not. It would be wise for you to read the house rules before booking.

Some startups are here to solve this unpleasant problem in a way no one else could. These startups allows unmarried couples to book a good hotel room at affordable prices. The best part is that their sole aim is to help unmarried couples find a room, with no judgment attached. Not only this, they make sure that the identity of the couple remains safe. They also provide a guarantee of no police raids. OYO Rooms, StayUncle and Luvstay are such startups. They even allow you to book a room for as little as 10 hours.


Please note before you checked into the hotel room that both of you will need to carry a valid government ID proof. This is only for security purposes. Also, both of you must be above the age of 18.

Two Cents from Lawbaba team:

  1. A valid government ID for both of you.
  2. Above 18 Years of age.
  3. Go through House/Hotel ground rules.


LawBaba also strongly recommends you to use protection (preferably Condoms) while making love.

***This article is not sponsored by any of the aforementioned brands.