Indian Law: Consensual relationship, later breakup, is it a crime?

News India Live, Digital Desk: In today’s times, news of breakup of relationships and subsequent legal battles has become common. Many times, even when consensual relationships break down, the matter reaches the police and court, where serious allegations like ‘rape on the pretext of marriage’ are often made. Making a big and clear comment on such cases, Karnataka High Court has given an important decision, which can become an example for such cases in future.

The High Court has clearly said that if a relationship is formed with the mutual consent of two people and later ends in disappointment, then it cannot be considered a crime on this basis alone, especially a serious crime like ‘rape’.

What was the whole matter?

The case pertained to a man who was booked by his ex-girlfriend under sections 376 (rape), 420 (cheating) and 506 (criminal intimidation) of the Indian Penal Code (IPC). The woman alleged that the man had physical relations with her after promising to marry her and later refused to marry her. The accused had approached the High Court to quash these charges.

What did the court say in its decision?

The bench of Justice M Nagaprasanna gave this important decision after hearing the arguments of both the sides. The Court found that:

• The relationship was based entirely on consent: Both the parties knew each other for a long time and whatever relations developed between them were completely based on mutual consent.
• Despair is not a crime: The court said, “A consensual relationship, which later ends in disappointment, cannot be made the basis for criminal proceedings.”
• Every promise of marriage is not a ground for rape: The Court emphasized that just because the person did not keep his promise, the physical relationship created by him cannot be termed as ‘rape’. A charge of rape is made when consent for sexual intercourse is obtained by ‘fraud’.
• Misuse of law: The Court also said that if such cases are allowed to proceed to criminal proceedings, it would be an abuse of law and a travesty of justice.

With this scathing remark, the Karnataka High Court quashed the entire criminal proceedings against the petitioner.

What is the meaning of this decision?

This decision of the High Court is a warning to those who try to take revenge by misusing legal sections when personal relationships are broken. The judgment draws a clear line between consensual relationships and criminality, ensuring that laws are used with the right intention and not to settle personal scores.