CAN PHYSICAL RELATIONSHIP BETWEEN LIVE-IN COUPLE BE TERMED AS RAPE?: SC

1^st March 2021

The Supreme Court asked, “Could a physical relationship between a couple who have cohabitated as husband and wife be called rape? The court was hearing the petition of quashing an FIR - of a person accused of rape by a woman with whom he had been living/he lived - together for over two years.

In this instance, the woman stated that the couple were in a romantic relationship, but the woman refused to enter into a physical relationship before marriage. Her Consent was fraudulently obtained when the couple went to Manali and participated in a marriage ritual. The woman also raised allegations that she was brutally exploited and had to visit the hospital due to injuries caused to her private part. The petitioner denied every allegation stating that no marriage took place and that they were living in a live-in relationship where they had consensual physical relations.

The Supreme Court bench observed that “Making a false promise of marriage is wrong. No one should falsely promise marriage and break off. But that is different from saying that the act of sexual intercourse is rape,” However, “there shall be a stay on the arrest of the petitioners for eight weeks. Thereafter, the Trial Court will decide the question of the liberty of the petitioners”.

Author - Papiha Ghoshal