New Delhi/Alive News: The Supreme Court on Friday observed that consensual physical relations between two adults cannot automatically be treated as rape merely because the relationship ends. The court acquitted a man accused of establishing a relationship with a woman on the promise of marriage.
A Bench of Justices BV Nagarathna and R Mahadevan said that a consensual relationship based on mutual affection cannot be criminalised simply because it fails. The court emphasised that ending a relationship does not, by itself, constitute a criminal offence.
However, the Bench clarified that cases involving deception must be examined differently. If a promise of marriage was false from the beginning and was used to obtain consent for sexual relations, the circumstances may attract criminal liability. The distinction depends on the facts and evidence of each case.
Consent and deception must be examined
The court’s observations highlighted the need to distinguish between a genuine relationship that subsequently breaks down and one allegedly established through deception or coercion. Criminal proceedings cannot be initiated solely because a man decides to end a relationship, the Bench indicated.
At the same time, the court stressed the importance of examining allegations carefully before reaching a legal conclusion. Where evidence establishes sexual violence, coercion or deception, the matter must be dealt with in accordance with the law.
Court stresses sensitivity towards women
The Bench also highlighted the difficulties women may face in reporting sexual violence, including fear of social stigma and damage to their family’s reputation. Such concerns must be understood while dealing with complaints, it observed.
The ruling underscores the importance of assessing the circumstances surrounding consent and the alleged promise of marriage rather than treating every failed relationship as a criminal case. The court’s observations do not mean that every allegation involving a broken promise of marriage is automatically excluded from the scope of rape law.
