Can a consensual affair become rape? SC slams woman for turning relationship into criminal case

The Supreme Court clearly observed that this is a case of a ‘consensual relationship,’ which is now being portrayed as criminal. The Court remarked, ‘You repeatedly visited the hotel—everything happened with your consent. Now that the person has backed out of marriage, you are trying to frame it as a rape case.

Bihar: The Supreme Court upheld the anticipatory bail of the accused for having sex by promising marriage in a case. The court also reprimanded the married woman who filed a petition in the case, reports Dynamite News Correspondent.

Justice M.M. Sundaresh and Justice N. Kotishwar Singh's bench dismissed the woman's plea, saying that as a married woman she considered the nature and consequences of the relationship very well.

What did the court say?

During the hearing, the woman's lawyer argued that the accused man made a physical relationship with her by making false promises of marriage. The bench said, "You are married and you have two children; you are absolutely mature. You knew that this relationship was extramarital, and you still continued it on your own free will."

The court also said that if a married woman has a physical relationship with another man, then action can also be taken under the law.

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What is the matter?

The woman and the accused man were identified through social media in the year 2016. The relationship between the two started, and the woman alleges that she sought a divorce from her husband at the behest of the man. The family court approved the divorce on 6 March this year.

After the divorce, when the woman asked the accused to marry, he refused. The woman then lodged a complaint with the Bihar Police, in which she accused the accused of sexually abusing her by falsely promising to marry. During the hearing of the case, the Patna High Court granted anticipatory bail to the accused.

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Why did the Supreme Court warn?

The Supreme Court clearly stated that the case is of a "consensual relationship," which is now being tried to give criminal color. The Supreme Court said, "You went to the hotel again and again—all this happened with your consent. Now that the person backs down from marriage, you are making it a case of rape."

Stay tuned to Dynamite News for further updates.