Supreme Court Clarifies Law on Rape Cases Involving False Marriage Promises
The Supreme Court of India has expressed serious concern over the misuse of the criminal justice system, particularly in cases where rape allegations are filed after a consenting relationship turns sour. In a landmark ruling on Thursday, the court held that a married woman who engages in a physical relationship with another man cannot subsequently file a rape case against him on the grounds that she consented based on a false promise of marriage.
Bench Quashes Proceedings in Lawyer's Case
A bench comprising Justices B V Nagarathna and Ujjal Bhuyan delivered this significant judgment while quashing criminal proceedings against a lawyer. The proceedings were initiated based on a complaint filed by a woman advocate who alleged that the lawyer had raped her under the pretext of a false promise of marriage. The court meticulously examined the facts and concluded that this was a classic example of a consensual relationship turning acrimonious.
The bench emphasized that the complainant was already married at the time of the relationship. Therefore, she was not legally eligible to marry the accused due to the subsistence of her existing marriage. This critical factor rendered any promise of marriage legally unenforceable.
Legal Rationale and Hindu Marriage Act Reference
In its detailed order, the Supreme Court provided a clear legal rationale. The bench referenced sub-clause (i) of Section 5 of the Hindu Marriage Act, 1955, which explicitly prohibits marriage between two individuals if either party has a living spouse. The court stated:
"Therefore, even for the sake of argument, if the contention is accepted that there indeed was a false promise of marriage based on which the accused indulged in sexual activities, such a promise would not be legally enforceable or even capable of being acted upon as the victim herself was not eligible for marriage, neither on the date of the first alleged act of offence nor on any subsequent dates wherein the parties indulged in sexual activities, till the point of the date of registration of FIR."
This legal embargo means that a married woman cannot invoke the ground of a false promise of marriage to allege rape, as she lacked the legal capacity to enter into a new marriage during the relationship.
Call for Caution in Genuine Rape Cases
The Supreme Court bench also issued a crucial caution to lower courts. It stressed that courts must be extremely careful in identifying genuine rape cases by thoroughly examining the essential ingredients required to constitute the offence. This directive comes in view of the increasing instances where the law is being misused, potentially undermining the credibility of legitimate victims.
The ruling aims to prevent the exploitation of legal provisions for personal vendettas, ensuring that the criminal justice system remains robust and fair. By setting this precedent, the Supreme Court seeks to balance the protection of women's rights with the need to safeguard against false accusations that can ruin lives and careers.
This judgment is expected to have far-reaching implications, guiding future cases and reinforcing the importance of consent and legal eligibility in matters of marriage and sexual relationships. It underscores the judiciary's role in interpreting laws with precision to uphold justice while curbing misuse.
