section 498A

Consensual Sex not amounting to Rape in Live-in Partners

Articles, News

India being a developing nation in all of its terms including gender equality and gender recognition (LGBTQ), the top court of the country has been giving judgements for the modern day society with the latest report as on Wednesday maintaining that consensual sex between live-in partners doesn’t amount to rape after the relationship ends and if the couple does not get married due to reason beyond control.
The bench consisting of Justices A.K.Sikri and S. Abdul Nazeer said “thus, there is a clear distinction between rape and consensual sex. The court, in such cases, must very carefully examine 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.”
The apex court quashed an FIR lodged by a Maharashtra-based nurse against a top doctor, who were in a live-in relationship ‘for quite some time’, the court also said if “the accused has not made the promise with the sole intention to seduce the prosecutrix (women) to indulge in sexual acts, such an act would not amount to rape.”
As per the police as a state by the victim in the FIR, the women, 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.
“The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC,” the bench said.
“We are of the view that, even if the allegations made in the complaint are taken at their face value and accepted in their entirety, they do not make out a case against the appellant (doctor),” the bench said.
The man seeked quashing of the FIR lodged against him at the Bombay High Court, for which he had to approach the top court against the High Courts verdict.
With the recent development, there are reports from various governmental institutions including Delhi Commission for Women stating that after December 2012, the number of cases has increased, and the report stated that 52.2% of the rape cases filed between April 2013 and July 2014 in the capital were found ‘False’; report from Jaipur police says that in 2016, it has recorded ‘alarming rise’ in the number of false rape case, with 330 rape cases recorded out of which 276 cases solved, 43% turned out to be fake. As police being the first to be reported and investigators, they have observed that women filed these cases to extort money or implicate the accused.
By the above article, the writer does not state about the rape, as an offence not being seriously considered and problems of the same being tackled, but there are no laws for the protection from the false rape cases filled by the women, or any legislation against women rape offenders.

By-
Priyam Kamra
Student Reporter- INBA

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