Supreme Court flags 'worrying trend' of rape cases after relationships turn sour
4 months ago

Supreme Court flags 'worrying trend' of rape cases after relationships turn sour

India Today  

The Supreme Court on Tuesday raised concerns over what it said was a "worrying trend" of rape cases being filed after consensual relationships turn "sour". The court said that a prolonged physical relationship between couples without protest or demands for marriage by the female partner indicated a consensual relationship rather than one based on a false pretext of marriage. "It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged periods, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence," the court was quoted as saying by Bar and Bench. "In our opinion, the longer the duration of the physical relationship between the partners without protest and insistence by the female partner for marriage would be indicative of a consensual relationship rather than a relationship based on false promise of marriage by the male partner and thus, based on misconception of fact," the court said.

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History of this topic

Supreme Court raps lawyer for using 'consensual relationship' in bail plea of client booked for minor's rape
1 week, 3 days ago

Supreme Court raps lawyer for using 'consensual relationship' in bail plea of client booked for minor's rape

The Hindu  

A lawyer on Thursday got an earful from the Supreme Court for repeatedly writing “consensual relationship” in a bail plea of his client, who is accused of a minor girl's rape. At least 20 times you have written 'consensual relationship' in the SLP. You don't know the basic law… 20 times you have said ‘consensual relationship’ …Tomorrow you will say …

Woman can't claim rape if she was in long-term live-in: Supreme Court
3 weeks, 3 days ago

Woman can't claim rape if she was in long-term live-in: Supreme Court

Hindustan Times  

The Supreme Court has ruled that a woman may not be able to accuse a man of forcing sexual relations on her through a promise of marriage if the two were in a long-term live-in relationship. The man can’t be charged for rape if the couple was living together for a long period of time, the top court ruled, saying …

Woman can't claim rape after being in live-in for 16 years: Supreme Court
Trending News
3 weeks, 3 days ago

Woman can't claim rape after being in live-in for 16 years: Supreme Court

India Today  

The Supreme Court has cancelled criminal proceedings against a man, who was accused of sexually assaulting a woman with whom he had a 16-year-long relationship, on the false pretext of marriage. The top court further expressed surprise that the complainant, a highly-qualified individual, endured such decades-long sexual assault without raising any doubt, and only registered the FIR against the accused …

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, …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
2 months ago

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

Live Law  

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. The court also noted that the victim's statement revealed that the couple's physical relationship was not merely due to the alleged promise to marry and that the couple shared a good …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 2 weeks ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court
4 months ago

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court

Live Law  

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a …

SC flags 'worrying trend' of rape cases filed after consensual relationships turn sour
4 months ago

SC flags 'worrying trend' of rape cases filed after consensual relationships turn sour

New Indian Express  

The apex court also made it clear in its verdict that a woman may have reasons to have a physical relationship other than a promise of marriage made by the man, such as personal liking for the male partner without insisting upon formal marital ties. Thus, in a situation where a physical relationship is maintained for a prolonged period knowingly …

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship
4 months ago

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Live Law  

The Supreme Court has expressed concerns about the "worrying trend" of invoking criminal law against men on allegations of rape on the false pretext of marriage after a long consensual relationship turned sour.While quashing an FIR in a rape case against a man, a bench comprising Justice BV Nagarathna and N Kotiswar Singh observed :“It is evident from the large …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
4 months, 1 week 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 …

Criminality can’t be imposed on breakups: SC
4 months, 1 week ago

Criminality can’t be imposed on breakups: SC

Hindustan Times  

The breakup of a consensual relationship cannot be transformed into a criminal case, the Supreme Court held on Wednesday, adding that such cases, where no ingredients of criminality are established, amount to an abuse of the legal process. “It is inconceivable that the complainant would continue to meet the appellant or maintain a prolonged association or physical relationship with him …

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
4 months, 1 week ago

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Live Law  

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. “A review of the …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months, 2 weeks 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 …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

Women who have consensual sex with men continue to abuse the laws to slap rape cases after the relationship ends
7 months, 4 weeks ago

Women who have consensual sex with men continue to abuse the laws to slap rape cases after the relationship ends

Op India  

On the 31st of July, the Bombay High Court quashed an FIR lodged in 2018 against a 73-year-old man who was accused of raping a woman on the false promise of marriage. Consensual sex between adults does not amount to rape: What the Supreme Court said in the Deepak Gulati vs. State of Haryana case In Deepak Gulati v. State …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months, 1 week ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

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 …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
1 year, 1 month ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year, 2 months ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 4 months ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 8 months ago

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC

News 18  

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. “We have to resolve the matters concerning marital rape,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage is broken: Orissa High Court

India TV News  

Orissa High Court on Friday asserted that a consensual physical relationship cannot be considered rape if the promise of marriage could not be materialised for some reasons. “In the former case, for any such sexual intimacy, an offence under Section 376 IPC is not made out, whereas, in the latter, it is, since the same is based on the premise …

If Minor and Accused are Married, Physical Relationship Between Them will be Presumed: HC
1 year, 10 months ago

If Minor and Accused are Married, Physical Relationship Between Them will be Presumed: HC

News 18  

The Allahabad High Court on Wednesday observed that “if there is a statement of a minor victim that either she and the accused have solemnised marriage or stayed as husband and wife, then there will be a presumption that during their stay together they had physical relationship except where the victim specifically denies so”. The court held that in cases …

Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023
2 years ago

Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023

Live Law  

The Supreme Court on Wednesday listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023. The batch of petitions, which was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala for 21st March 2023, could not be heard then owing to Justice Pardiwala's absence.Accordingly, the matter was. …

NGO opposes criminalisation of marital rape in SC, says it would destabilise institution of marriage
2 years, 2 months ago

NGO opposes criminalisation of marital rape in SC, says it would destabilise institution of marriage

India Today  

An NGO has moved the Supreme Court opposing the criminalisation of marital rape, saying it would destabilise the institution of marriage. The petition filed by NGO Purush Aayog Trust through its president Barkha Trehan has sought the court's intervention in a batch of petitions pertaining to criminalisation of marital rape and the Indian Penal Code provision that provides protection to …

Sexual assault of wife can take form of rape: Supreme Court
2 years, 6 months ago

Sexual assault of wife can take form of rape: Supreme Court

The Hindu  

Sexual assault by a man of his wife can take the form of rape, the Supreme Court said in a significant judicial recognition of ‘marital rape’ on September 29. But the court also dealt with how married women, like single women, were exposed to sexual assault within the family and suffer forced pregnancies. Justice Chandrachud, who authored the judgment, said …

Consensual sex on genuine promise of marriage not rape: Supreme Court
2 years, 7 months ago

Consensual sex on genuine promise of marriage not rape: Supreme Court

The Hindu  

The Supreme Court has held that it is not rape if consensual physical relationship was based on a genuine promise of marriage which could not be fulfilled. A Bench led by Justice Sanjay Kishan Kaul highlighted the distinction between "a false promise to marriage which is given on understanding by the maker that it will be broken and a breach …

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 …

Possibility Of A Relationship Gone Sour Cannot Be Ruled Out : Sikkim High Court Acquits Rape Accused
4 years, 2 months ago

Possibility Of A Relationship Gone Sour Cannot Be Ruled Out : Sikkim High Court Acquits Rape Accused

Live Law  

The possibility of a relationship gone sour cannot be ruled out, the Sikkim High Court observed while it acquitted a man accused of raping a woman on the pretext of promise of marriage.On 10.01.2018, the victim lodged an FIR alleging that she was raped by the accused on 17.08.2013, due to which she became pregnant and had to abort the …

Sex on pretext of marriage is rape, rules SC
5 years, 11 months ago

Sex on pretext of marriage is rape, rules SC

The Quint  

New Delhi, April 15 The Supreme Court has ruled that sex on the pretext of marriage is rape and a blow to the honour of a woman. Shah in their recent judgement observed that rape offends a woman's dignity and esteem, and if for the fact the victim and her rapist have already settled in their lives and taking care …

Sex on false promise of marriage is rape: Supreme Court
5 years, 11 months ago

Sex on false promise of marriage is rape: Supreme Court

The Hindu  

The fact that the victim and her rapist have married other people and gone their separate ways will not erase the crime. “It was a clear case of cheating and deception,” the Supreme Court held. “Rape is the most morally and physically reprehensible crime in a society, an assault on the body, mind and privacy of the victim. Rape reduces …

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 …

Supreme Court deliberates over adultery laws: An individual's right to choose sexual partners must be respected
6 years, 7 months ago

Supreme Court deliberates over adultery laws: An individual's right to choose sexual partners must be respected

Firstpost  

Chances are, if the current laws on adultery are made gender-neutral, allegations of adultery could be filed against a rape victim as well By Aashika Ravi Many a liberal has at some point ranted about India’s Victorian laws. On 2 August, it declared that the laws were “anti-women” whereas its most recent comments came in disagreement with the Centre’s argument …

Prolonged sexual relations as good as marriage? Supreme Court's patriarchal attitude invalidates concept of consent and matrimony
6 years, 8 months ago

Prolonged sexual relations as good as marriage? Supreme Court's patriarchal attitude invalidates concept of consent and matrimony

Firstpost  

The judiciary in India is grappling with newer concepts as the structure of traditional families is being deconstructed in the country. The court sought the views of the central government in determining whether a “prolonged sexual relationship” or a live-in relationship should be considered a de facto marriage to pin legal liabilities on the male partner. The question for the …

SC to examine whether live-in relationship can be considered 'de facto' marriage, says civil liability on male partners after break-up
6 years, 8 months ago

SC to examine whether live-in relationship can be considered 'de facto' marriage, says civil liability on male partners after break-up

Firstpost  

The Supreme Court decided to examine whether civil liability can be put on a man who refused a promise to marry a woman after a live-in relationship and a consensual sexual relationship, by treating such a relationship as “de-facto” marriage. The Supreme Court on Monday decided to examine whether civil liability can be fastened on a man who walked out …

Can ‘Consensual’ Relationship Be Treated As ‘De Facto Marriage’ In View Of Long Cohabitation Between Rape Accused And Victim? SC to Examine [Read Order]
6 years, 8 months ago

Can ‘Consensual’ Relationship Be Treated As ‘De Facto Marriage’ In View Of Long Cohabitation Between Rape Accused And Victim? SC to Examine [Read Order]

Live Law  

‘This interpretation may have to be considered so that a girl is not subjected to any exploitation and is not rendered remediless even if a criminal offence is not made out.’The Supreme Court is set to consider an important issue arising in some rape cases like whether, on account of long cohabitation, even if the sexual relationship is held to …

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 …

Consensual Sex without any deliberation about Marriage is not rape under misconception of fact; SC [Read Judgment]
9 years, 2 months ago

Consensual Sex without any deliberation about Marriage is not rape under misconception of fact; SC [Read Judgment]

Live Law  

The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage. Thakur and Justice V. Gopala Gowda made this observation in Tilak Raj vs. State of Himachal Pradesh, while acquitting …

Supreme Court re-iterates that Live-in Relationship is not a Crime
9 years, 8 months ago

Supreme Court re-iterates that Live-in Relationship is not a Crime

Live Law  

Today, the Supreme Court of India observed that ‘Live-in Relationships’ does not amount to a crime as the society has accepted it be normal and an acceptable norm. According to a bench comprising Justices Dipak Mishra and Prafulla C Pant, "Being in live-in relationship is not a crime and with changing time it has become a norm accepted by society". …

Supreme Court considering the question ‘Can a failed consensual affair amount to rape’?
10 years, 9 months ago

Supreme Court considering the question ‘Can a failed consensual affair amount to rape’?

Live Law  

Supreme Court bench comprising of Justice Vikramjit Sen and Justice S.K. Singh yesterday expressed anxiety over the growing number of cases where the women in failed relationships had filed rape charges against the men, accusing them of inducing them into a sexual relationship on the promise of marriage.It was contended by the complainant that the man had sexually abused her …

Supreme Court considering the question ‘Can a failed consensual affair amount to rape’?
10 years, 9 months ago

Supreme Court considering the question ‘Can a failed consensual affair amount to rape’?

Live Law  

Supreme Court bench comprising of Justice Vikramjit Sen and Justice S.K. Singh yesterday expressed anxiety over the growing number of cases where the women in failed relationships had filed rape charges against the men, accusing them of inducing them into a sexual relationship on the promise of marriage.It was contended by the complainant that the man had sexually abused her …

Marital Rape- Judge Remarks Physical Relations between Husband and Wife even if Forcible, Not Rape; Debate Regarding the Law Resurfaces
10 years, 9 months ago

Marital Rape- Judge Remarks Physical Relations between Husband and Wife even if Forcible, Not Rape; Debate Regarding the Law Resurfaces

Live Law  

Additional Sessions Judge, Virender Bhat, while acquitting an accused of charges of rape, observed that the prosecutrix and the accused were legally wedded husband and wife from 20.7.2012 and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape. Furthermore, the Court observed that according to the rape …

Live-in relationship, pre-marital sex not an offence: Supreme Court
15 years ago

Live-in relationship, pre-marital sex not an offence: Supreme Court

The Hindu  

In an observation that will cheer votaries of pre-marital sex and live-in partners, the Supreme Court today opined that a man and woman living together without marriage cannot be construed as an offence. The apex court said there was no law which prohibits live-in relationship or pre-marital sex. The apex court made the observation while reserving its judgement on a …

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