The Kerala High Court on Tuesday clarified that a consensual sexual relationship between adults cannot be retroactively labelled as rape simply because the relationship later ends or one partner marries someone else. The ruling came while quashing criminal proceedings against a man accused of rape, deceitful cohabitation, and conducting a fraudulent marriage ceremony.

Justice G Girish, delivering the judgment, stated that if a man eventually marries another woman in search of “greener pastures”, the earlier consensual relationship with the complainant cannot automatically become an offence under Section 376 of the Indian Penal Code (IPC). The court emphasised that criminal law cannot be invoked merely because a relationship breaks down or expectations are not met.

Case background and allegations

The case arose from a complaint filed by a woman who claimed that the man had been in a long-term relationship with her while promising marriage. According to the prosecution, the relationship began in 2009 at a time when the complainant was already married and the mother of two children.

After her husband passed away in 2013, the accused allegedly moved in with her, continuing their intimate relationship. The complainant said she believed she was married to him after he tied a knot on her gold chain in a symbolic private ceremony. She treated this as a form of marital commitment.

However, in 2014, the man legally married another woman. When questioned, he reportedly reassured the complainant that he still considered her his wife. The relationship continued for a while, but in 2017, he ended it. Following this, the complainant lodged a police complaint accusing him of rape, deceitful cohabitation under Section 493 IPC, and performing a fraudulent marriage ceremony under Section 496 IPC.

High Court: Relationship was clearly consensual

Kochi: While evaluating the evidence, the court noted that the relationship between the two individuals was undeniably consensual. The woman willingly entered and continued the relationship both during her marriage and after her husband’s death. The court stated that a breakup or the man’s subsequent marriage does not convert a consensual relationship into a criminal act.

Justice Girish stressed that for a sexual relationship to amount to rape based on a false promise of marriage, there must be clear proof that the accused never intended to marry the woman from the very beginning. Only if such false promise was made with the sole intention of exploiting her sexually can it fall within the ambit of rape.

In this case, the complainant’s belief that a symbolic tying of a knot amounted to marriage was not sufficient to establish that she had been deceived. Further, the court highlighted that since the relationship began while she was legally married, it weakened her claim that she believed the accused intended to lawfully marry her.

Legal principles: Promise of marriage and rape charges

Kochi: The High Court relied on multiple Supreme Court rulings that have set clear standards for determining whether a false promise of marriage amounts to rape. These judgments hold that consensual intimacy arising from emotional involvement, long-term companionship or future expectations does not constitute rape unless there is deception from the outset.

The bench reiterated that subsequent failure to marry does not ipso facto mean that consent was obtained under misconception. A distinction must be maintained between breach of promise and fraudulent promise.

“Only when the promise was false from the beginning and made solely with the intent of obtaining sexual favours does it attract Section 376,” the court said, adding that this threshold was not met in the present case.

Sections 493 and 496: Complaint required from the woman

Kochi: Regarding the charges under Sections 493 (cohabitation caused by deceit) and 496 (fraudulent marriage), the court pointed out that these offences are non-cognisable and can proceed only when the aggrieved woman files a direct complaint before a magistrate.

In this case, no such formal complaint was filed. The allegations were brought as part of a wider police case, which is not legally permissible for these sections. This procedural lapse further weakened the prosecution’s case.

Court quashes proceedings

Kochi: After assessing the facts, the legal principles, and procedural requirements, the Kerala High Court quashed all criminal proceedings against the accused. The court remarked that stretching criminal law to cover failed relationships would lead to misuse and undermine the seriousness of rape offences.

The judgment underscores a consistent judicial stance that failed romances, emotional breakdowns or shifting commitments cannot be criminalised unless deception and exploitation are clearly proven.