Bengaluru, July 20: The Karnataka High Court has ruled that consensual sex in a relationship cannot be considered rape if the relationship ends, whether on the pretext of marriage or otherwise. Justice M Nagaprasanna delivered the judgment on June 28 while hearing a petition from a man booked in a rape and cheating case.

The case involved a man and a woman who had a physical relationship for six years after meeting in 2012. In July 2018, the woman filed a complaint under sections related to rape and cheating, alleging the man avoided her calls and was engaged to another woman. The man's counsel argued that their relationship was consensual and not based on a promise of marriage. Karnataka High Court Quashes Rape Charges Against Man Levelled by Former Lover, Says ‘Consensual Sex For Five Years Can’t be Against Her Will’.

The court observed that the relationship's consensual nature precluded it from being classified as rape under Section 375 of the IPC. HC Stays Rape Case Against Husband Who Lived With His Wife For 1 Day; Karnataka High Court Calls Woman's Complaint 'Abuse of Law'.

The bench observed, “ …it is an admitted fact that the petitioner and the complainant have had physical relationship for six years. In the considered view of this court, such relationship would not amount to a rape as defined under Section 375 of the IPC as it is the case of the complainant herself that they were in love and if they were in love, every act in the six years period cannot but be termed to be consensual.”

Justice Nagaprasanna stated, "Merely because love wanes away by efflux of time, it would not mean that all consensual acts done between the two could be dubbed as rape." The bench further noted that the accusation of rape was unfounded and quashed the case.

(The above story first appeared on LatestLY on Jul 20, 2024 12:18 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).