SC says consensual sex between live-in partners not rape

In a sensational verdict, the Supreme Court maintained that consensual sex between live-in partners does not amount to rape after the relationship ends and if the couple does not get married due to reasons beyond control.

“Thus, there is a clear distinction between rape and consensual sex. The court, 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,” a bench of Justices A K Sikri and S Abdul Nazeer said in a recent verdict.

The bench also said that if “the accused has not made the promise with the sole intention to seduce the prosecutrix (woman) to indulge in sexual acts, such an act would not amount to rape”. The Apex said this while quashing an FIR lodged by a Maharashtra-based nurse against a doctor, who were in a live-in relationship “for quite some time”.

According to the FIR, the woman, a widow, had fallen in love with the doctor and they started living together. “There may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do. Such cases must be treated differently,” the bench said.

 

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