On Refusal To Marry, Consensual Sex Between Live-In Partners Cannot Be Alleged To Be Rape, Says SC

The Logical Indian Crew Maharashtra

January 3rd, 2019 / 5:28 PM

Live Together Consent Rape

Image Credit: Patrika

Supreme Court Bench held that consensual sex between live-in partners cannot be termed as rape later if the man fails to marry the woman due to reasons beyond his control. The SC bench comprised of justices AK Sikri and S Abdul Nazeer were delivering their verdict on an FIR filed by a Maharashtra-based nurse on a doctor with whom she was in a live-in relationship.


“Clear distinction between rape & consensual sex”

On November 22, the bench said that there is a clear distinction between rape and consensual sex. The judgement said that if the person had not promised to marry with the only intention of seducing a woman into performing sexual acts, such act would then not amount to rape, as per Livelaw.

This judgement was passed on an appeal filed by the doctor after a High Court order refused to quash the ‘rape case’ filed against him. The bench also noted that the woman in question had confessed she was a widow who needed a companion and had fallen in love with the accused. The bench said that it was clear that both the people were in a relationship and were living together for some time. The problem reportedly started after the man married some other woman. “It is not a case of a passive submission in the face of any psychological pressure exerted and there was a tacit consent and the tacit consent given by her was not the result of a misconception created in her mind,” the bench observed.

The “acknowledged consensual physical relationship” would not be an offence under Section 376 of the IPC, the bench further said.


“In cases of mala fide intention, a clear case of rape”

The SC however also added that in cases where mala fide intention or clandestine motives are detected, then it would be considered to be a clear case of rape.  
The SC said that the court in cases like these should examine if the complainant had the intention of marrying the victim or had made false promise in order to satisfy his lust. These cases would then fall under the ambit of cheating or deception.


Also Read: Adult Couples Can Live Together Even If Not Married, Says Supreme Court


Contributors

Written by : Shraddha Goled

Edited by : Shraddha Goled

Related Stories

Rape Is When Woman’s ‘Consent’ Is Vitiated By A ‘Misconception Of Fact’ Arising Out Of A Promise To Marry: SC

Consensual Teen Sex Should Be Excluded From POCSO, Says Madras HC

After US Refusal To Extend Waiver, India May Stop Importing Iranian Oil

30 Year Old Rape Case

Accused Of Rape At The Age Of 16 For Consensual Sex, 46-Yr-Old Man Finally Absolved Of Charges

Nadia Murad

ISIS Sex Slave To Marry The Man Who Helped Her Escape

Kathua Rape Case: SC Issues Notice Regarding The Lawyers’ Conduct; Says Deliverance Of Justice Cannot Be Obstructed

Latest on The Logical Indian

News

In a First, Girls Can Now Take Admission In Sainik Schools

News

Govt Sends Questionnaire To Flipkart, Amazon Alleging Deep Discounts

News

Sudden Increase In Water Tanker Prices Leaves Chennai Residents In Dismay

News

Specially-Abled Woman With Callipers Asked To Take-Off Her Jeans At Kolkata Airport

News

Fact Check: No, India Is Not Debt Free, Still Owes Billions To World Bank

News

Former Anti-Corruption Body Head Joins Reliance As An Independent Director

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.