Close Proximity At Workplace Often Results In Sexual Relationships Which Get Reported As Crimes After Turning Sour: Delhi High Court
1 month, 2 weeks ago

Close Proximity At Workplace Often Results In Sexual Relationships Which Get Reported As Crimes After Turning Sour: Delhi High Court

Live Law  

The Delhi High Court has said that close proximity at the workplace, many times, results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour. “In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults,” Justice Neena Bansal Krishna said. It added: “However, a more onerous duty lies on the Courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person.” Justice Krishna made the observations while granting bail to a man in a rape case registered against him last year by a woman with whom he used to work. “The present case, is also from the same genre wherein the Applicant and the prosecutrix developed sexual proximity while working in the same workplace, but after about one year, the relationship turned sour resulting in the present case with allegations of force and rape,” the Court said.

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History of this topic

Delhi: Rape charge on Jamia prof over promise breach
2 days ago

Delhi: Rape charge on Jamia prof over promise breach

Hindustan Times  

A 36-year-old assistant professor with the Jamia Millia Islamia University was arrested for allegedly raping a 31-year-old colleague on the pretext of marriage, police said on Tuesday. Police said that according to the complaint, the two started a physical relationship in June 2024 and the man promised to marry her. A senior police officer said the woman, also an assistant …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 3 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Need to demarcate rape from consensual relationship gone sour: Delhi high court
Trending News
1 month, 2 weeks ago

Need to demarcate rape from consensual relationship gone sour: Delhi high court

Hindustan Times  

Granting bail to a man, the Delhi high court on Monday observed that there should be distinction between rape and a consensual relationship going sour. The Delhi high court Justice Neena Bansal Krishna observed that while it was the duty of the legislature and the executive to enact and implement laws for safety and well-being of women in the workforce, …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
3 months, 3 weeks ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
4 months ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months, 1 week ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Consensual Relationship Not License To Exploit Partner Sexually, Physically Or Financially: Bombay High Court
8 months, 3 weeks ago

Consensual Relationship Not License To Exploit Partner Sexually, Physically Or Financially: Bombay High Court

Live Law  

Even if there is a consensual relationship between a man and a woman, it does not give one a licence to exploit the partner, the Bombay High Court said on Wednesday while denying bail to a man booked for outraging modesty, abduction, extortion, rape and unnatural sex. Consensual relationship, even if the submission on behalf of the applicant is taken …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 6 months ago

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court

The Hindu  

September 23, 2023 11:24 am | Updated 11:24 am IST - NEW DELHI : The Delhi High Court has recently held that a live-in relationship between two consenting adults, married to different partners, may be considered undesirable by a section of society but it is not a criminal offence. Similarly, immorality cannot be punished by law unless provided by a …

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court
1 year, 8 months ago

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court

Live Law  

The Delhi High Court has said that a disturbing pattern is emerging where in certain instances, the accused marries the rape victim to evade criminal charges and promptly abandons her once the FIR is quashed or bail is secured. "Shockingly, numerous cases have come to light where the accused deceitfully enters into a marriage under the guise of willingness, particularly …

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman
1 year, 10 months ago

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman

News 18  

The Bombay High Court has discharged a senior citizen from a 2015 rape case registered against him by a 61-year-old woman, noting that they were in a consensual relationship and the physical relations were not forced. The complainant in an FIR registered with the Pune police in 2015 had alleged that the man had forced physical relations with her on …

Issue of consent in sexual assault cases needs scrutiny: Delhi high court
2 years ago

Issue of consent in sexual assault cases needs scrutiny: Delhi high court

Hindustan Times  

New Delhi: The issue of consent needs close scrutiny by constitutional courts for analysis of any sexual assault offences, the Delhi high court said on Monday while upholding the exoneration of a man for allegedly raping a married woman for 12 years and having two children with her. The Delhi high court said the issue of consent needs scrutiny by …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle  

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

Merely Because Sexual Abuse Results In Tying Of Knot Between Victim & Accused Or Birth Of Child Does Not Mitigate Act Of Rape: Delhi High Court
2 years, 8 months ago

Merely Because Sexual Abuse Results In Tying Of Knot Between Victim & Accused Or Birth Of Child Does Not Mitigate Act Of Rape: Delhi High Court

Live Law  

The Delhi High Court has observed that merely because an act of sexual abuse results in tying of knot between the victim and the accused or in birth of a child, it does not mitigate the act of rape. It added that the consent of a minor is immaterial and inconsequential in law.Justice Anoop Kumar Mendiratta also added that the …

Relationship Turning Sour Later Will Not Attract Offence Of Rape: Kerala High Court Reserves Verdict In Central Govt Counsel's Bail Plea
2 years, 8 months ago

Relationship Turning Sour Later Will Not Attract Offence Of Rape: Kerala High Court Reserves Verdict In Central Govt Counsel's Bail Plea

Live Law  

The Kerala High Court on Thursday orally observed that rape charges will not be attracted against a man merely because the relationship between him and a woman turned sour over time while reserving its verdict in the bail application moved by a Central Government Counsel in a sexual assault case. The Court was adjudicating upon a bail application moved by …

Women must be safe in intimate spaces
2 years, 10 months ago

Women must be safe in intimate spaces

The Hindu  

Marriage represents one of our most private, intimate spaces. Through an analysis of the recent split verdict of the Delhi High Court on the issue of criminalising marital rape, this article identifies the thorny issues we are confronted with while seeking to find a solution in criminal law: first, the lack of nuance in rape laws that adequately accounts for …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 10 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down …

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher
2 years, 10 months ago

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher

News 18  

Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this immunity under the Indian Penal Code is "egregiously problematic" as it emasculates the woman's right to trigger prosecution against her husband for non-consensual intercourse. Justice Rajiv Shakdher, who headed the division bench which delivered the split verdict on …

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC
3 years, 1 month ago

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC

Live Law  

The Delhi High Court has recently said that it is pained to note the increasing tendency of filing rape complaints in matrimonial cases against male members of the husband's family, just to exert pressure. Justice Subramonium Prasad said:"This Court is pained to note that in matrimonial cases, there is an increasing tendency of filing such complaints for an offence under …

Marital rape | Process on to amend criminal laws: Government
3 years, 1 month ago

Marital rape | Process on to amend criminal laws: Government

The Hindu  

The government has started the process of comprehensive amendments to criminal laws, Minister for Women and Child Development Smriti Irani told Parliament on Wednesday in response to a question on marital rape, but warned against condemning every man as a rapist and every marriage as a violent one. "The Government of India has initiated the process for comprehensive amendments to …

Marital rape can’t be looked at from microscopic angle: Centre seeks time in Delhi HC
3 years, 2 months ago

Marital rape can’t be looked at from microscopic angle: Centre seeks time in Delhi HC

The Hindu  

The Centre on Monday told the Delhi High Court that the issue of criminalisation of marital rape involves “family issues” and the dignity of a woman and cannot be looked at from a “microscopic angle”. Solicitor General Tushar Mehta, appearing for the Centre, urged the High Court to allow a “reasonable time” to place the position of the government after …

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court
4 years, 3 months ago

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court

Live Law  

The Bench of Justice Vibhu Bakhru dismissed the appeal impugning a judgment dated 24.03.2018 of Trial Court, whereby the accused was acquitted of the offences for which he was charged – offences punishable under Section 417/376 of the Indian Penal Code, 1860. The prosecution's case rested almost entirely on the statements and the testimony of the complainant and after analysing …

Sex on Pretext of Marriage Not Always Rape: Delhi High Court Acquits Man of Charges
4 years, 3 months ago

Sex on Pretext of Marriage Not Always Rape: Delhi High Court Acquits Man of Charges

News 18  

In a significant observation on gender-related crimes, the Delhi High Court, while hearing a rape case on Thursday, observed that sex with the promise of marriage does not conform to the definitions of rape if the woman continues to be physically intimate with the man over a significantly long period of time, TOI reported. The court reportedly observed,?In certain cases, …

Long-term sexual relation based on promise of marriage can’t be involuntary, says Delhi HC
4 years, 3 months ago

Long-term sexual relation based on promise of marriage can’t be involuntary, says Delhi HC

Hindustan Times  

“A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time”, the Delhi high court said, while dismissing the appeal of a woman who had challenged the acquittal of man who she had accused of raping on the pretext of marriage. The single judge bench was hearing the appeal …

Most Rape Cases Filed After Consensual Relationships Turn Sour, Says Chhattisgarh Women's Body Chief
4 years, 3 months ago

Most Rape Cases Filed After Consensual Relationships Turn Sour, Says Chhattisgarh Women's Body Chief

News 18  

Chhattisgarh Women Commission President Kiran Mayee Nayak triggered controversy on Friday after she said most rape cases were lodged by women after their consensual relationships turned sour. “In most cases, girls get into a consensual relationship, go for live-in, then lodge rape cases after relationships turn sour,” Nayak said on Friday, reported ANI. The National Crime Records Bureau has made …

Is Extra Marital Consensual Gay Relationship A Crime? Read What Bombay HC Said
6 years, 1 month ago

Is Extra Marital Consensual Gay Relationship A Crime? Read What Bombay HC Said

Live Law  

Discharging a man accused under Section 377 IPC, the Bombay High Court observed that extra marital consensual sexual relationship is not a criminal offence, in view of Supreme Court judgment in Navtej Singh Johar vs. Union of India. The Sessions court, partly allowed revision petition and discharged him from offences under sections 323 and 504 of the Indian Penal Code …

Consensual sex between live-in partners not rape if relationships doesn't culminate in marriage, says Supreme Court
6 years, 2 months ago

Consensual sex between live-in partners not rape if relationships doesn't culminate in marriage, says Supreme Court

Firstpost  

Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court has held. New Delhi: Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the …

Consensual physical relationship between live-in partners not rape, says SC
6 years, 2 months ago

Consensual physical relationship between live-in partners not rape, says SC

The Hindu  

Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court has held. The top court 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.” “Thus, there …

Lesbian Couple Fears For Life From Parents, HC Grants Police Protection
6 years, 5 months ago

Lesbian Couple Fears For Life From Parents, HC Grants Police Protection

Live Law  

Two lesbians who want to marry each other but fear that their lives are under threat from their parents rushed to the Delhi High Court on Monday which granted them police protection.The lesbian couple approached the high court following the Supreme Court's recent path-breaking judgment which held that consensual sex among adult homosexuals is not a crime.The two women, aged …

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC
6 years, 8 months ago

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC

Live Law  

Hearing petitions demanding criminalisation of marital rape, the Delhi High Court on Tuesday reportedly asserted that marriage does not mean that the wife should always be willing to consent to have physical relations with her husband.The observation was made by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, on a Petition by the RIT Foundation, …

Supreme Court: Sex between man and minor wife is rape
7 years, 5 months ago

Supreme Court: Sex between man and minor wife is rape

Live Mint  

New Delhi: In a landmark judgment, the Supreme Court on Wednesday ruled that a man who has sex with his minor wife is guilty of rape. “The exception carved out under section 375 exempting marital rape for minors is artificial and contrary of Article 21 of the Constitution of India,” said justice Madan B. Lokur, while pronouncing the judgment.mobAds In …

Marital rape: SC to hear plea to criminalise it
7 years, 6 months ago

Marital rape: SC to hear plea to criminalise it

ABP News  

New Delhi, Sep 6 : The Supreme Court on Wednesday will hear a plea filed by an NGO seeking to make marital rape a criminal offence. The HC then asked the parties before it to find out if the issues raised before it in the petitions seeking to make marital rape an offence are similar to those being heard by …

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]
7 years, 6 months ago

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]

Live Law  

Citing Misuse of Section 498A of IPC, the Centre has submitted before the Delhi High Court that criminalizing marital rape, as sought by some petitioners, may destabilize the institution of marriage apart from being an easy tool for harassing the husbands.The Centre has submitted that there can be no lasting evidence in case of sexual acts between a man and …

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]
7 years, 6 months ago

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]

Live Law  

Citing Misuse of Section 498A of IPC, the Centre has submitted before the Delhi High Court that criminalizing marital rape, as sought by some petitioners, may destabilize the institution of marriage apart from being an easy tool for harassing the husbands.The Centre has submitted that there can be no lasting evidence in case of sexual acts between a man and …

Some Women Tend to Convert Consensual Sex Into Rape Post Breakup, Says Delhi HC [Read Judgment]
7 years, 7 months ago

Some Women Tend to Convert Consensual Sex Into Rape Post Breakup, Says Delhi HC [Read Judgment]

Live Law  

Some women use law as weapon for vengeance and personal vendetta and tend to convert consensual physical relations as an incident of rape may be out of anger and frustration after breakup thereby defeating the very purpose of the provision, the Delhi High Court has remarked.Justice Pratibha Rani said so while emphasising. Some women use law as weapon for vengeance …

Delhi court acquits man in rape case saying woman had 'adequate intelligence' to consent to relations
7 years, 9 months ago

Delhi court acquits man in rape case saying woman had 'adequate intelligence' to consent to relations

Firstpost  

A Delhi court has acquitted a man of the charge of raping his sister-in-law, saying relations between them were consensual. New Delhi: A Delhi court has acquitted a man of the charge of raping his sister-in-law, saying relations between them were consensual and the woman had “adequate intelligence” to understand what she had consented to. In his order, Additional Sessions …

Engaging in Consensual Sex with Girl below 16 Years is Rape: Punjab & Haryana HC [Read Judgment]
8 years, 11 months ago

Engaging in Consensual Sex with Girl below 16 Years is Rape: Punjab & Haryana HC [Read Judgment]

Live Law  

If the girl is below 16 years, the other partner in the sexual act is treated as a criminal. The Punjab and Haryana High Court Justice Anita Chaudhary ruled that in a consensual sex if the girl is below 16 years of age, the other partner in the sexual act is criminally liable and termed ‘consensual sex’ in such a …

Engaging in Consensual Sex with Girl below 16 Years is Rape: Punjab & Haryana HC [Read Judgment]
8 years, 11 months ago

Engaging in Consensual Sex with Girl below 16 Years is Rape: Punjab & Haryana HC [Read Judgment]

Live Law  

If the girl is below 16 years, the other partner in the sexual act is treated as a criminal. The Punjab and Haryana High Court Justice Anita Chaudhary ruled that in a consensual sex if the girl is below 16 years of age, the other partner in the sexual act is criminally liable and termed ‘consensual sex’ in such a …

Delhi high court asks Centre to spell out stand on marital rape
9 years, 2 months ago

Delhi high court asks Centre to spell out stand on marital rape

Hindustan Times  

Amid demands from women organisations and activists to make marital rape a criminal offence, the Delhi high court on Monday asked the Centre to spell out its stand on the contentious issue. A bench of Chief Justice G Rohini and justice Jayant Nath asked the Centre to respond to a petition seeking to declare Section 375 of the Indian Penal …

Woman consent obtained by deceit amounts to rape Delhi Court
9 years, 4 months ago

Woman consent obtained by deceit amounts to rape Delhi Court

India TV News  

New Delhi: A woman's consent taken on the basis of deception and misconception is “no consent” in the eyes of law and the physical relations established between her and a man amounts to rape, a Delhi court has said. The court, while holding a man guilty of raping a woman, said the consent given by the victim for cohabitation was …

Delhi High Court refuses to entertain PIL seeking criminalization of Marital Rape
9 years, 8 months ago

Delhi High Court refuses to entertain PIL seeking criminalization of Marital Rape

Live Law  

A Division Bench of the Delhi High Court comprising Chief Justice G. Rohini and Justice Jayant Nath has refused to entertain a PIL challenging Section 375 of the IPC which states that sexual intercourse by a man with his own wife, who is not under 15 years of age, is not rape.The Court refused to entertain the PIL because a …

A carriage of injustice
9 years, 9 months ago

A carriage of injustice

The Hindu  

Verma Committee report that came out in light of the Delhi rape case in late 2012 took us a few steps ahead in the conversation on rape. However, the >recent judgment of the Madras High Court raises serious concerns on how the crime of rape is perceived by the judiciary. A single judge Bench of the High Court has granted …

Delhi High Court refuses to keep 'Live-In Relationships' outside the Purview of 'Rape' [Read the Judgment]
10 years ago

Delhi High Court refuses to keep 'Live-In Relationships' outside the Purview of 'Rape' [Read the Judgment]

Live Law  

Hearing a public interest litigation which had sought for keeping the cases of live-in relationship out of the purview of Section 376 of the IPC amongst other things, the Delhi High Court has observed, "As far as the relief sought, of keeping the live-in-relationships outside the purview of Section 376 of the IPC is concerned, the same would amount to …

Forced sexual relations between married couples not rape: Delhi Court
10 years, 10 months ago

Forced sexual relations between married couples not rape: Delhi Court

Firstpost  

Sexual relations between a legally wedded husband and wife, “even if forcible, is not rape”, a Delhi court has said while acquitting a youth who was accused of marrying a 21-year-old girl after serving her a sedative- laced drink and raping her. New Delhi - Sexual relations between a legally wedded husband and wife, “even if forcible, is not rape”, …

Delhi court acquits govt servant in rape case
11 years, 2 months ago

Delhi court acquits govt servant in rape case

Firstpost  

A government servant, accused of raping a woman on the pretext of marrying her, has been freed by a Delhi court which said the man had the intention to marry but her behaviour “forced him” to change his mind. New Delhi: A government servant, accused of raping a woman on the pretext of marrying her, has been freed by a …

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