Consensual Relationships After Breakup Cannot Be Termed Rape, Rules Supreme Court

The Supreme Court of India stated on Friday that physical relationships established between consenting adults cannot be classified as rape following a breakup. A bench comprising Justice B.V. Nagarathna and Justice R. Mahadeven acquitted a man in a case where allegations involved entering into a relationship under a promise of marriage.

The court emphasized that relationships based on love and mutual consent cannot be criminalized simply because the relationship eventually ended. Converting every broken relationship into a rape case is incorrect, the bench observed. However, the court noted that cases where consent was obtained fraudulently or through a false promise of marriage from the outset would be treated differently, requiring an examination of whether the consent was indeed based on deception.

Key Observations by the Supreme Court

• Misuse of Law: The court stated that legal provisions concerning rape should not be misused for harassment or revenge, distinguishing consensual affairs from relationships established through deceit or coercion.
• Threat of Accusations: It is unjust to register criminal proceedings against a man simply because he chose to end a relationship, and the fear of rape charges should not be used to compel individuals to stay in a relationship.
• Evidence and Strict Action: Legal decisions must follow a thorough examination of facts and available evidence, with strict action taken against proven offenders of sexual violence or coercion.
• Understanding Women's Plight: The court acknowledged that many women hesitate to report sexual violence due to fears of family honor and social stigma.

Separately, while addressing other matters concerning crimes against minors in the Delhi-NCR region, the bench remarked on the necessity of strict deterrence to curb severe offenses, directing law enforcement to ensure rigorous action beyond paperwork.

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