A Failed Consensual Relationship Does Not Amount to Rape.. Supreme Court’s Key Observations

The Supreme Court has observed that physical intimacy in a consensual relationship cannot automatically be treated as rape merely because the relationship later turns sour. The court expressed concern over the growing tendency to convert failed relationships into criminal cases. These observations were made by a bench comprising Justice BV Nagarathna and Justice R. Mahadevan while hearing a rape and cheating case registered against a man from Kerala. The court also emphasised the need to distinguish between allegations of rape and cheating, noting that the two involve different legal considerations.

According to the case details, the woman alleged that the man concealed his existing marriage and married her. She stated that she sought a divorce after discovering the truth. Subsequently, she filed a complaint accusing him of rape, cheating and criminal breach of trust. While examining the matter, the Supreme Court observed that intimacy shared during a consensual relationship cannot be labelled as rape simply because the relationship eventually breaks down. The bench also expressed concern over the practice of turning failed personal relationships into criminal proceedings, stressing the importance of examining the nature of allegations and the available evidence.