Kerala High Court Rules Sour Relationships Do Not Constitute Rape, Grants Bail to Accused
On Friday, the Kerala High Court ruled that a failed relationship does not automatically constitute rape, allowing the bail plea of Advocate Navneeth N Nath, a Central Government Counsel, who was accused of sexual assault by a colleague.
Justice Bechu Kurian Thomas, presiding over the case, emphasized that modern relationships often evolve and may end without resulting in rape charges. He remarked, “A relationship turning sour at a later point of time will not amount to rape.” The judge highlighted the changing nature of relationships, with many young adults opting for live-in arrangements or open marriages, and delaying or avoiding marriage altogether.
The court was reviewing a bail application filed by Navneeth N Nath, who was arrested last month after his colleague accused him of sexual abuse under a false promise of marriage. The complainant alleged that they had been in a relationship for four years, but Nath intended to marry another woman, which led her to attempt suicide.
Justice Thomas pointed out that the crucial factor in such cases is whether consent for sexual intercourse was obtained under a false promise of marriage. The judge stated that an increasing number of rape allegations arise after relationships end, but this does not imply one partner was forced into the relationship under false pretenses.
The judge granted bail to Nath, considering his position as a Central Government Counsel, the absence of criminal history, and the near completion of the investigation. He noted, “Though the offences alleged against the petitioner are very serious, the possibility of him fleeing from justice is remote.”
The court clarified that the observations made in the bail order are solely for the purpose of considering the bail application and will not impact the merits of the case in future proceedings.
Nath was arrested under Sections 376(2)(n) and 313 of the Indian Penal Code. The complainant had claimed that Nath sexually abused her and forced her to undergo two miscarriages. The incident came to light when she explained her suicide attempt to the police.
Senior Advocate Ramesh Chander, representing Nath, argued that the relationship was consensual and that Nath had intended to marry the complainant. Conversely, Advocate John S Ralph, representing the complainant, asserted that the sexual relationship was based on a false promise of marriage.
The Public Prosecutor opposed the bail application, arguing that consent was obtained under a misconception of facts, thereby constituting rape.
This ruling underscores the importance of examining the context and nature of consent in relationships, and it establishes that a relationship turning sour does not inherently lead to rape charges.
Case Title: Navaneeth N Nath v State of Kerala
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