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Consensual Sex Between Live-In Partners Not Rape If Man Fails to Marry: Supreme Court

Team SoOLEGAL 4 Jan 2019 12:30pm

Consensual Sex Between Live-In Partners Not Rape If Man Fails to Marry: Supreme Court

In accordance with its previous judgments on the issue, the Apex Court has held that rape charges cannot be invoked in cases of consensual sex between live-in partners if the man fails to marry because of “circumstances that are not in his control.

The top court rejected a FIR filed by a Maharashtra-based nurse against a doctor, who had been in a live-in relationship. According to the FIR, the woman, a widow, had fallen in love with the doctor and they started living together

Justices AK Sikri and S Abdul Nazeer said in a recent verdict that there is a difference between rape and consensual sex adding that if the accused has not made the promise of marriage with the only intention to seduce the prosecutrix (woman) to indulge in sexual acts, such an act would not amount to rape under Section 376 of IPC

The Apex Court, however, said that if the man had “any mala fide intention or clandestine motives”, then it was a clear case of rape. “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 man had approached the top court against the verdict of the Bombay High Court which had dismissed his plea seeking quashing of the FIR lodged against him.

Tagged: Bombay High Court   FIR   Justice AK Sikri   Justice S Abdul Nazeer   Apex Court   Section 376 of IPC   Indian Panel Code   Rape Cases   sexual acts  
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