Supreme Court on Monday said :Consensual sex in live in not rape

 

NEW DELHI: The Supreme Court on Monday said in a delayed live-in relationship, consensual sex between a couple couldn't be ordered as assault if the man neglected to stay faithful to his obligation of union with the lady. 

"Making a bogus guarantee to wed isn't right. Indeed, even a lady ought not vow to wed and afterward split away. Yet, that doesn't mean in a drawn out live-in relationship, sex would be ordered as assault," a seat of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said. 

The case identified with two call place representatives who were in a live-in relationship for a very long time. The man at long last wedded another lady, prompting the scorned darling slapping assault charges against him, blaming the man for enjoying sex on the bogus guarantee of marriage. Showing up for the man, senior supporter Vibha Datta Makhija said if consensual sex in a live-in could bring about assault charges, which prompts capture of the man, it would set a perilous point of reference.

SC: Using ‘habitual’ for survivor impermissible

The complaint’s counsel Aditya Vashishth said the man had displayed to the world that they were living as husband and wife and had married the woman in a temple but had wriggled out of the promise after assaulting her and extorting money.

When Makhija said there was a “habitual” aspect to the complainant and alleged that she had done the same to two other men, the bench said using the word “habitual” for rape survivors was impermissible under law. Makhija said she was aware of the sensitivity of the issue but termed the complainant’s allegations false.

The bench protected the man from arrest for eight weeks and asked him to find out from trial proceedings whether the prosecution was able to produce evidence to substantiate rape charges. “It is a good case for you to seek discharge from the trial court,” it said while disposing of the man’s petition. In 2018, the SC in two judgments had held that if a woman was voluntarily in a live-in relationship, it would be tough to categorise sexual intercourse as rape. It had also said, “There’s a clear distinction between rape and consensual sex.”