The Kerala High Court has ruled that a married woman cannot claim she was coerced into sex under a false promise of marriage, stating such a promise cannot legally exist when one party is already married.
The order, issued by Justice Bechu Kurian Thomas, came while granting bail to a man accused of sexually assaulting a married woman under the pretext of marriage, threatening to release her private photos and videos, and borrowing ₹2.5 lakh from her.
The court emphasised that each case must be evaluated on its specific facts, and expressed doubt over the use of Section 69 of the Bharatiya Nyaya Sanhita (BNS) in such circumstances.
Court’s Reasoning: Promise of Marriage Not Legally Tenable for Married Women
Justice Bechu Kurian Thomas clarified that a promise of marriage cannot be alleged if both parties are aware that one is in a subsisting marriage. The court noted, “If both of the parties are aware about a subsistent marriage it cannot be alleged that the sexual intercourse between them was with a promise to marry.”
The judge also cited previous rulings to reinforce this position and highlighted the difficulty in determining the nature of consent at the bail stage. The court further questioned the simultaneous use of Sections 69 (deceitful sex) and 84 (enticing a married woman) of the BNS, noting that Section 84 is a bailable offence and that continued detention of the accused was unwarranted.
Background: Allegations and Legal Proceedings
The case involved a 28-year-old man and a 26-year-old married woman, both employees at a hospital in Malappuram. The prosecution alleged that the man engaged in sexual relations with the woman under the false promise of marriage, threatened to publish her private photos and videos, and borrowed ₹2.5 lakh from her.
The accused was arrested on June 13 and had spent 19 days in custody before being granted bail. The petitioner’s counsel argued that the complaint was primarily based on a financial dispute and that the allegation of rape was made to compel the accused to meet unlawful demands, while the prosecution maintained the seriousness of the charges.
The Logical Indian’s Perspective
The Logical Indian recognises the Kerala High Court’s nuanced approach in interpreting the law, balancing the need for legal clarity with the complexities of human relationships.
While the law must protect against genuine deceit and coercion, it is equally important to ensure that justice is not misapplied in situations where legal grounds do not exist. This ruling underscores the importance of legal literacy, consent, and agency in intimate relationships.
