
New Delhi: The Supreme Court has delivered a significant verdict, clarifying that a married woman cannot file a rape case against a man on the ground that he made a false promise of marriage. The court emphasized that filing such cases in these circumstances amounts to a misuse of the criminal justice system.
Case Background
The ruling came while disposing of a case filed by a woman lawyer who accused another lawyer of rape, alleging that she had been sexually involved with him based on his promise of marriage. The bench, comprising Justices B.V. Nagarathna and Ujjwal Bhuiyan, observed that when the complainant is already married, she is legally ineligible to contract another marriage. Therefore, any sexual relationship arising under the false pretext of marriage cannot form the basis for a rape allegation.
Court’s Observations
The bench noted that in this instance, the complainant’s relationship with the accused was consensual from the start. Since she was already married, the situation represented a “classic case of a consensual relationship turning sour,” and could not be legally construed as rape. The court emphasized that even if the accused made a false marriage promise, such a promise has no legal enforceability under the Hindu Marriage Act, 1955 (Section 5(i)), which prohibits a person from marrying again while having a living spouse.
Caution Against Misuse of Law
The Supreme Court also highlighted the growing misuse of rape laws and advised that courts exercise extreme caution to identify genuine cases. It stressed that all essential elements of the offense must be present before registering such complaints.
Key Takeaway
The verdict clarifies that sexual relationships based on false promises of marriage by a legally ineligible complainant do not constitute rape. Courts are urged to differentiate between genuine cases and instances of legal misuse, ensuring that the criminal justice system is not exploited.
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