'Consensual sex and rape are different': SC rules against filing criminal offence against man after breakup

NEW DELHI: The Supreme Court has ruled against criminal proceedings when a relationship between a man and a woman breaks down. The court said that ending a consensual relationship between two adults cannot be treated as a criminal offence to invoke rape charges against the man. The Supreme Court's remark came while dismissing a rape case filed against a lawyer.

A bench of Justices B.V. Nagaratna and R. Mahadevan said that just because the relationship ended in disagreement and disappointment does not mean that a sexual relationship can be considered rape. The allegation of rape on the promise of marriage requires clear evidence. A consensual relationship cannot be criminalised later just because it did not lead to marriage. The court pointed out that consensual sex and rape are different.

The married complainant, who was living separately from her husband, met the lawyer in 2022, who helped her with her maintenance proceedings. Over time, the lawyer and the woman became close and entered into a physical relationship.

The woman's complaint is that the lawyer from Aurangabad had sex with her for three years on the promise of marriage. The petitioner says that she became pregnant multiple times during this period and had abortions with the lawyer's consent. The woman filed a rape case only after the lawyer said that she was not interested in marriage and withdrew from the relationship.

However, the lawyer informed the court that the woman had not alleged rape even once in three years, and that she had only come forward with the complaint when he refused to pay the Rs 1.5 lakh demanded by her.