The Kerala High Court has clarified that a married woman cannot allege she was coerced into a sexual relationship based on a false promise of marriage.
Justice Bechu Kurian Thomas, while hearing a bail plea, stated that every case involving allegations of rape or sex under false promises of marriage must be judged based on its specific facts and circumstances.
The Court noted:
“When a married woman enters into a physical relationship with another person, and both parties are aware of her existing marriage, it cannot be said that the sexual relationship was based on a promise to marry.”
The ruling came in a bail application filed by a man charged under Sections 84 (enticing or taking away with criminal intent a married woman) and 69 (sexual intercourse by deceitful means) of the Bharatiya Nyaya Sanhita (BNS). Section 69 includes false promises of marriage within “deceitful means” and carries a punishment of up to 10 years in prison.
According to the prosecution, the accused not only promised marriage but also borrowed ₹2.5 lakh from the woman and threatened to release her photos and videos. He was arrested on June 13 and has been in custody since then.
The defence argued that the allegations were fabricated to pressurize the accused into meeting financial demands and had no basis in law.
The Court highlighted that, under earlier precedents on Section 376 of the now-repealed Indian Penal Code (IPC), a promise of marriage cannot exist when one party is already married. Since the complainant was married, the Court expressed doubt about the applicability of Section 69 BNS. It also noted that the offence under Section 84 BNS is bailable.
Considering these points, the Court granted bail to the petitioner.
The petitioner was represented by advocates Ameen Hassan K and Rebin Vincent Gralan, while Public Prosecutor Noushad KA appeared for the State.
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