Consensual intimacy cannot be branded as rape after relationship turns sour: SC, Pg12

Key Highlights:

• The Supreme Court ruled that consensual sexual acts cannot be retrospectively branded as rape merely because a relationship sours.
• A bench comprising Justices B.V. Nagarathna and R. Mahadevan delivered this significant judgment.
• The verdict stemmed from a case in Kerala, where a man was discharged from charges of rape, second marriage, and cheating.
• The Court highlighted a "worrying trend" of weaponising criminal law following emotional discord in consensual adult relationships.
• It underscored the necessity to distinguish between consent obtained through deception from the outset and regret experienced after a consensual relationship ends.

Detailed Insights:

• The ruling emphasizes that physical intimacy occurring during a functioning relationship cannot be retrospectively termed rape solely due to the relationship's failure.
• The Court warned that converting every failed consensual relationship into a rape accusation dilutes the gravity of the offense and inflicts irreparable stigma and injustice upon the accused.
• It cautioned against the misuse of the justice system as a tool for vengeance when personal relationships fail.
• This judgment aims to curb the misuse of criminal law provisions in situations of emotional discord between consenting adults.
• While Section 375 of the Indian Penal Code (IPC) defines rape, consent obtained under a "misconception of fact" can vitiate consent as per Section 90 IPC.
• However, the Court clarified that the mere breakdown of a relationship does not automatically transform previously consensual acts into a criminal offense.

Key Concepts Involved:

• Consent: A voluntary and unequivocal agreement by a person to engage in a particular act, free from coercion, fraud, or misrepresentation.
• Rape (Section 375 IPC): Defined as sexual intercourse with a woman without her consent, against her will, or under specific circumstances such as deception or fear.
• Misconception of Fact (Section 90 IPC): Consent given under a misunderstanding of a material fact, which can legally invalidate the consent for certain actions.