Court rules that consensual relationship between two adults cannot be deemed rape under false pretext of marriage as per Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Madhya Pradesh High Court, presided over by Justice Vinay Saraf, quashed an FIR alleging rape against Varun Pratap Singh, citing a lack of evidence to support claims of coercion under a false promise of marriage. This decision underscores the distinction between consensual relationships and allegations of rape based on false promises, as outlined in the Bharatiya Nagarik Suraksha Sanhita, 2023.
The case originated from an FIR filed by a woman who alleged that Singh, under the guise of a false promise to marry, engaged her in a 13-year-long relationship. The complainant, a police constable, claimed that Singh initially presented himself as unmarried and continued the relationship despite later revelations of his marital status.
Singh's counsel argued that the relationship was consensual, emphasizing that the complainant was aware of his marital status early in the relationship and continued it voluntarily. The court agreed, referencing several Supreme Court judgments that differentiate between consensual relationships and those vitiated by deceitful promises of marriage.
The judgment highlighted that for a promise to marry to vitiate consent, it must have been false from the start and directly led to the sexual relationship. The court found no evidence that Singh's promise of marriage was deceitful or that it significantly influenced the complainant's decision to engage in the relationship.
Justice Saraf noted the complainant's maturity and professional background, stating it was improbable she would have maintained the relationship without genuine consent. The court concluded that the FIR was an abuse of the legal process, and therefore, it and subsequent proceedings were quashed.
This ruling reaffirms the legal position that consensual relationships cannot be retroactively converted into allegations of rape due to a failed promise of marriage unless clear evidence of initial deceitful intent exists.
Bottom Line:
Consensual relationship between two adults cannot be termed as rape under Section 69 of BNS, 2023 merely because one party alleges false pretext of marriage. FIR quashed under Section 528 of BNSS, 2023 where allegations do not substantiate the offense.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 69, 528
