Court Rules Long-Term Consensual Relationship Not Rape
The Allahabad High Court ruled that consensual long-term relationships without deceit don't constitute rape under IPC Section 375. It quashed criminal proceedings against Shrey Gupta, accused of rape and extortion after a promise to marry. The court held such charges require proven deception from the outset.
- Country:
- India
The Allahabad High Court has made a significant ruling, determining that a long-standing consensual relationship lacking any deceit does not amount to rape under Section 375 of the Indian Penal Code (IPC). This decision came as the court quashed the criminal proceedings against a Moradabad man who was accused of rape after allegedly promising marriage.
The judgment highlighted that a promise of marriage does not automatically classify consensual intercourse as rape unless it is established that the promise was false from the beginning. The court emphasized the importance of proving deception in cases where a promise of marriage is involved in consensual relationships.
The court referred to a Supreme Court ruling, reinforcing that not every breach of a marriage promise equates to a false promise and thus does not warrant prosecution for rape. Consequently, the court dismissed all charges against Shrey Gupta, citing that the allegations failed to meet legal standards for rape or extortion.
(With inputs from agencies.)