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CONSENSUAL SEX OF LIVE-IN PARTNERS CANNOT BE CONSIDERED AS RAPE: SUPREME COURT

Sex during Live-in relationship is not a crime

CONSENSUAL SEX OF LIVE-IN PARTNERS CANNOT BE CONSIDERED AS RAPE: SUPREME COURT

The Supreme Court has passed an order where it says that consensual sex between live-in partners cannot be held as a rape charge if the relationship ends and the man fails to marry the woman due to problems beyond his control.

A bench of justices AK Sikri and S Abdul Nazeer said that if live-in partners are having consensual sex out of love under the promise of getting married, then the woman cannot file a case of rape if the relationship breaks.

Cases like those come under the case of breach of promise to marry and not under the case of false promise to marry. “There is a clear distinction between rape and consensual sex. The case should carefully be examined whether the accused actually wanted to marry the woman or was it a false promise to satisfy his lust”, said SC bench.

The bench passed this order after receiving a criminal proceeding against a government doctor in Maharashtra. A nurse of the same hospital filed a complaint against this doctor where she mentioned that she and that doctor were in a live-in relationship after falling in love with him. They even have indulged in a physical relationship under the promise of getting married but the doctor married someone else. 

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