In a significant observation, the Kerala High Court has held that a married woman cannot allege that she was coerced into a sexual relationship on the basis of a false promise of marriage. The Court emphasized that when both individuals are aware of a subsisting marriage, a claim of deceitful sex based on a promise to marry cannot be sustained.
Justice Bechu Kurian Thomas made this remark while granting bail to a man accused under Sections 69 (sexual intercourse by deceitful means) and 84 (enticing or taking away with criminal intent a married woman) of the Bharatiya Nyaya Sanhita (BNS), 2023.
“It is observed that while considering the cases alleging rape on the basis of the promise of marriage, it is difficult for this Court at this juncture to enter into a conclusion regarding whether the relationship was consensual or not. The entire circumstances will have to be taken into consideration especially when a married lady enters into a physical relationship with another person. If both of the parties are aware about a subsistent marriage it cannot be alleged that the sexual intercourse between them was with a promise to marry,” the Court stated.
The prosecution alleged that the accused had sexually assaulted the complainant — a married woman — after falsely promising marriage and threatening to publish her photos and videos. He was also accused of borrowing ₹2.5 lakh from her and failing to return it.
However, the accused denied all allegations and argued that the complaint arose out of a financial dispute. He further claimed that the rape allegation was added to pressure him into fulfilling monetary demands.
The Court referred to precedents under Section 376 of the repealed Indian Penal Code and observed that “there cannot be a promise of marriage when one of the parties is in a subsisting marriage.”
Additionally, the Court noted that Section 84 of the BNS is a bailable offence, and Section 69 may not be prima facie applicable in such circumstances.
Taking these factors into account, the Court granted bail to the accused.
