Consensual sex between live-in partners not rape in certain cases: Supreme Court

The court said this while quashing an FIR lodged against a doctor by a Maharashtra based nurse who were, for quite some time, in a live-in relationship.

Published: 12th February 2019 12:55 AM  |   Last Updated: 12th February 2019 12:55 AM   |  A+A-

Gavel

For representational purposes

By IANS

NEW DELHI: The Supreme Court has held that a consensual sexual relationship between live-in partners would not amount to rape in some cases such as when the man, due to adverse circumstances beyond his control, does not marry the woman.

"The acknowledged consensual relationship between the parties would not constitute an offence under Section 376 (rape) of the Indian Penal Code," said the bench of Justice A. K. Sikri and Justice S. Abdul Nazeer in a recent judgment.

"There may be a case where where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of misconception created by accused, or where an accused on account of circumstance which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do so. Such cases must be treated differently," the bench said.

The court said this while quashing an FIR lodged against a doctor by a Maharashtra based nurse who were, for quite some time, in a live-in relationship.

Pointing to clear distinction between rape and consensual sex between live-in partners, the court said, "The courts, in such cases must very carefully examine whether the complainant had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the later falls within the ambit of cheating or deception."

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp