Thursday, April 25, 2019
News

Consensual sex between live-in partners not rape in certain cases: SC

   SocialTwist Tell-a-Friend    Print this Page   COMMENT

New Delhi | Tuesday, 2019 1:15:04 AM IST
The Supreme Court has held that a consensual sexual relationship between live-in partners would not amount to rape in some cases such as when the man, due to adverse circumstances beyond his control, does not marry the woman.

"The acknowledged consensual relationship between the parties would not constitute an offence under Section 376 (rape) of the Indian Penal Code," said the bench of Justice A. K. Sikri and Justice S. Abdul Nazeer in a recent judgment.

"There may be a case where where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of misconception created by accused, or where an accused on account of circumstance which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do so. Such cases must be treated differently," the bench said.

The court said this while quashing an FIR lodged against a doctor by a Maharashtra based nurse who were, for quite some time, in a live-in relationship.

Pointing to clear distinction between rape and consensual sex between live-in partners, the court said, "The courts, in such cases must very carefully examine whether 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."

--IANS pk/vd

( 260 Words)

2019-02-12-00:32:05 (IANS)

 
  LATEST COMMENTS ()
POST YOUR COMMENT
Comments Not Available
 
POST YOUR COMMENT
 
 
TRENDING TOPICS
 
 
CITY NEWS
MORE CITIES
 
 
INDIA WORLD ASIA
TMC has 'syndicate morcha' : Nirmala Sit...
BJP, RJD battle it out to wrest Darbhang...
Entire JeM leadership wiped out in J&K: ...
NPF moves to disqualify seven rebel Naga...
Five killed, 9 injured in landslide in J...
Modi-Mamata's 'friendly relationship' pr...
More...    
 
 Top Stories
UNSC schedules urgent meeting to ad... 
Priyanka, Nick are in love with Par... 
Man impersonates as BCCI chief sele... 
Chris Woakes extremely important fo... 
Andre Russell included in West Indi... 
Central and northern India may expe... 
Taylor Swift 'protected' by songwri... 
Orders coming in for 'Khukri' knive...