SC says cannot accuse rape after break-up

SC Draws Line Between Deception And Regret

The Supreme Court has ruled that consensual sexual acts within a relationship cannot later be recharacterised as rape simply because the relationship has ended. The judgment, delivered by Justice B.V. Nagarathna, came in a Kerala case where a man faced allegations of repeated rape over a seven-year relationship. The complainant stated she had not been told he was already married and had two children from that earlier marriage.

The court framed the core issue as the distinction between consent obtained through deception and regret felt after the fact. Where consent is vitiated by deception, the legal position differs from a situation where a person later looks back on consensual acts with remorse once the relationship breaks down. The court held that the latter circumstance, however unfortunate, cannot by itself turn a consensual relationship into a criminal offence. It further observed that treating every past relationship as a potential crime would strip the accused of agency, binding him indefinitely for fear of a later rape accusation.

Why This Matters For Businesses

The ruling carries significance for workplaces and compliance functions, where allegations arising from personal relationships can intersect with internal conduct processes, disciplinary inquiries and reputational risk. The court cautioned against the growing tendency to convert failed relationships into criminal cases, noting that rape is a grave offence reserved for genuine sexual violence, coercion or manipulation of consent. It warned that indiscriminate use of rape provisions dilutes the seriousness of the offence and exposes the accused to lasting stigma, harassment and injustice.

At the same time, the bench acknowledged that rape remains among the most under-reported crimes and affects a woman's bodily autonomy and dignity. It stressed that genuine cases showing assault or violence must be pursued firmly, while the justice system should not becom…