The Allahabad High Court recently ruled that a long-term consensual adulterous relationship between adults, without lies or deception from the beginning, cannot be considered rape under Section 375 of the Indian Penal Code (IPC).
Justice Anish Kumar Gupta stated that just promising marriage does not make consensual sex into rape—unless it can be proven that the promise was false from the start.
“Not every promise to marry means there was a lie involved. Unless it is clear that the accused never intended to marry from the beginning, it is not rape,” the judge explained.
🔸 Background of the Case:
A man named Shrey Gupta was accused of rape and extortion by a widow. She claimed that after her husband passed away, Gupta built a physical relationship with her on the promise of marriage, but later broke that promise and got engaged to someone else. She also said that he tried to blackmail her by threatening to release intimate videos unless she paid ₹50 lakh.
Based on her complaint, a trial court filed charges under Section 376 (rape) and Section 386 (extortion) of the IPC.
🔸 Court’s Findings:
Gupta challenged the charges in the High Court under Section 482 of the CrPC, saying the relationship was fully consensual for over 12-13 years, even when the woman’s husband was alive.
The High Court observed that:
- The complainant had more influence over Gupta, who was younger and worked in her late husband’s business.
- There was no proof of lies or threats at the beginning of their relationship.
- The relationship was mutual and continued for over a decade.
“The woman had control over Gupta and initiated the relationship. There’s no evidence of pressure or deception,” the Court said.
🔸 Legal Analysis:
Under Section 375 IPC, sex is considered rape only if consent is obtained through force, threats, or lies. In this case, the woman gave consent willingly, and no false promise or coercion was proven.
On the extortion charge (Section 386 IPC), the Court found inconsistencies in the woman’s claims and no strong evidence to support her allegation that Gupta blackmailed her with videos.
The Court also referred to a Supreme Court judgment in Naim Ahamed v. State of Haryana, stating:
“Not every broken promise to marry is a false promise. It should not always lead to rape charges.”
🔸 Final Verdict:
The High Court dismissed all charges against Gupta, ruling that the case did not meet the legal standards for rape or extortion.
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