Consensual relationship does not constitute rape unless deceit is proven, rules the court.
In a landmark judgment, the Karnataka High Court, presided over by Justice M. Nagaprasanna, quashed an FIR filed against a practicing advocate and his relatives. The case revolved around allegations of sexual exploitation under the guise of a false promise of marriage. The court underscored the distinction between consensual relationships and criminal acts, emphasizing that not every failed relationship should be criminalized.
The petitioner, who was accused by the complainant of engaging in a physical relationship based on a promise of marriage, sought relief from the court citing that the allegations were baseless. The court noted that the complainant had been married twice and had children, casting doubt on the credibility of her claims regarding the promise of marriage.
The judgment highlighted that consensual relationships, even if they do not culminate in marriage, do not amount to rape under the Bharatiya Nyaya Sanhita, 2023, unless it is clearly proven that there was deceit or a false promise made with mala fide intention. The court stressed that mere breach of a promise to marry does not attract criminal liability.
Furthermore, the court reiterated principles from the Bhajan Lal case, stating that criminal proceedings should not be used as a tool for harassment or private vengeance. The FIR was deemed frivolous and an abuse of the judicial process.
This judgment reaffirms the judiciary's stance on protecting individuals from the misuse of criminal law in cases of personal relationships gone awry.
Bottom Line:
A consensual relationship, even if it does not culminate in marriage, does not automatically amount to rape under the Bharatiya Nyaya Sanhita, 2023 or its earlier equivalent provisions under the IPC, unless deceit or false promise to marry, made with mala fide intention at the inception, is clearly established. Mere breach of a promise to marry is not sufficient to invoke criminal liability.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Sections 69, 89, 318(2); Criminal Procedure Code principles from Bhajan Lal case.
Xxxx v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2841626
