In a very practical and much-needed judgment, the Supreme Court of India has clarified an important point in criminal law a long-term consensual relationship cannot later be called rape simply because the relationship ended and marriage did not happen.
🔎 What Were the Facts?
The parties were in a relationship for about three years. They met regularly and were voluntarily intimate during this period. There was no complaint during the subsistence of the relationship.
Only after the relationship broke down was an FIR lodged, alleging rape on the ground of a “false promise to marry.”
This is where the Supreme Court stepped in.
💬 What Did the Court Say?
The Court made it clear that not every failed relationship can be turned into a criminal case.
If two adults are voluntarily in a relationship for a prolonged period, and the relationship later ends, that by itself does not make past intimacy rape.
The real legal test, the Court explained, is this:
Was the promise to marry false from the very beginning?
Was it made only to deceive and obtain physical relations?
If there was a genuine intention to marry at the start, but the relationship later failed due to incompatibility, family pressure, or other reasons, that does not amount to rape.
Intent at the beginning matters.
🚫 Break-Up Is Not a Crime
One of the strongest observations in the judgment was about the growing tendency to criminalise break-ups. The Court noted that converting every failed relationship into a rape prosecution is a misuse of criminal law.
Criminal courts are meant to address real offences not emotional fallout from personal relationships.
⚖️ Power to Quash
The Supreme Court also reminded High Courts of their power under Section 528 BNSS (earlier Section 482 CrPC). If even taking the allegations at face value, the essential ingredients of rape are not made out, courts must intervene to prevent abuse of the legal process.
In this case, continuing the prosecution would have amounted to misuse of the criminal justice system and so the FIR was quashed
📌 Why This Judgment Matter
For criminal practitioners, this decision is very important.
We frequently see cases where:
- The relationship lasted for years.
- There was no complaint during the relationship.
- The FIR is lodged only after separation or dispute.
This judgment draws a clear line between:
✔ Genuine cases of deception and exploitation
❌ Consensual relationships that ended badly
The Supreme Court has reinforced that criminal law cannot be used as a tool to settle personal scores.
Final Thought
Relationships may fail. Promises may not materialise. But not every broken promise becomes a criminal offence.
The Court has reaffirmed that consent must be examined carefully and contextually and that the law must protect both genuine victims and individuals from misuse of criminal proceedings.
#SupremeCourt #CriminalLaw #PromiseToMarry #Consent #BNSS #Quashing
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