Story 5 of 12 · 31 Oct
GS2 · Polity · Judiciary and Women

Soured relationship is not rape: Supreme Court

In 30 seconds

When a long relationship ends, can one partner later call it rape? The Supreme Court has said a consensual relationship cannot be turned into a rape case just because it ended badly. Rape must be kept for real force, pressure or tricked consent. Read it to revise consent, Section 69 of the Bharatiya Nyaya Sanhita and Article 21.

Fact File

Bench led by
Justice B.V. Nagarathna
Case
From Keralam
Relationship
Seven years
Key law
Section 69, Bharatiya Nyaya Sanhita
The Supreme Court of India, New Delhi
In the news

Courts have to protect women from real abuse and also stop criminal law being used to settle personal scores. This judgment tries to draw that line.

  • A woman in Keralam accused a man of repeated rape over a seven-year relationship after it ended.
  • She said he had hidden that he was married and a father of two.
  • A Bench led by Justice B.V. Nagarathna said consensual acts cannot become rape after a relationship “turns sour”.
  • The Court said consent got by deception is different from regret after a relationship ends.
Back Story

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code from 1 July 2024, rape is defined in Section 63 and punished under Section 64. Sex without free and willing consent is rape.

Section 69 of the BNS is a new, separate offence. It punishes sex by deceitful means or by a false promise of marriage with no intention to keep it, with up to 10 years in jail and a fine.

Courts have long said a broken promise is not the same as a false promise. If the man meant to marry but later could not, it is not a crime. If he never meant to marry and lied to get consent, it can be.

The Supreme Court has also held that choosing one’s partner is part of personal liberty under Article 21.

Old vs new

When is it a crime?

SituationCrime?Why
Sex without consentYes, rape (Section 63)No free consent
Consent got by a false promise of marriageYes, Section 69Consent was tricked
Consensual relationship that later endsNoRegret is not lack of consent
Rulebook

Which laws and Articles apply?

  • Bharatiya Nyaya Sanhita, 2023: Section 63 (rape), Section 64 (punishment), Section 69 (sex by deceit or false promise of marriage).
  • Article 21: life and personal liberty, including choice of partner.
  • Article 14: equality before law; false cases harm the accused unfairly.
  • Article 15(3): the State can make special provisions for women.
Why examiners care

AngleWhat to note
Women’s safetyReal victims must get justice quickly.
MisuseStops criminal law being used for personal disputes.
New criminal lawsSection 69 is a new offence under the BNS.
Personal libertyAdults’ choices in relationships are protected.
Fault Lines

  • Genuine victims of deceit may fear their cases will not be believed.
  • It is hard to prove what a person intended years ago.
  • False cases clog courts and harm reputations.
  • Police often register cases without a careful first check.
Road Ahead

  • Train police and judges to tell deceit from a failed relationship.
  • Decide such cases quickly to protect both sides.
  • Support survivors with legal aid and counselling.
  • Act against clearly false complaints, while protecting real victims.
Exam Radar

Prelims probability: Expect a question on Section 69 of the Bharatiya Nyaya Sanhita, 2023: sex by deceit or a false promise of marriage is a separate offence, up to 10 years.

  • BNS Section 69: sex by deceit or false promise of marriage; up to 10 years.
  • BNS Section 63 defines rape; Section 64 punishes it.
  • BNS replaced the IPC from 1 July 2024.
  • Right to choose a partner is part of Article 21.
  • Bench led by Justice B.V. Nagarathna.
Answer Lab

Practice question (15 marks, 250 words): The criminal law must protect women from sexual violence without being misused in failed relationships. Discuss in the light of the Supreme Court’s recent ruling.

  • Intro: Keralam case; Court’s line between deceit and regret.
  • Law: BNS Sections 63, 64 and 69.
  • Need: protect real victims; stop misuse.
  • Challenges: proving intent, slow trials, social pressure.
  • Conclusion: careful, quick justice for all sides.

Ready lines for your answer

GS-II Consent and criminal law

  1. Regret is not the same as lack of consent.
  2. Criminal law must protect victims without becoming a weapon.
Quotable data point

Section 69 of the BNS carries up to 10 years in jail for sex by deceit or a false promise of marriage.

Photo: Pinakpani, CC BY-SA 4.0, via Wikimedia Commons

Exam angle

UPSC

Prelims: BNS Sections 63, 64, 69; Article 21. · Mains GS-II and GS-I: women's safety, misuse of law, judiciary.

Practice MCQs

Original practice questions (not PYQs).

Practice · UPSC

Which Article of the Constitution protects a person's right to marry someone of their choice?

Answer (b) & explanation

The Supreme Court has held that the right to marry a person of one's choice is part of Article 21.

Practice · UPSC

Consider the following statements:
1. Under Section 69 of the Bharatiya Nyaya Sanhita, sex by a false promise of marriage is a separate offence.
2. The Supreme Court said every relationship that ends badly can be treated as rape.
3. The Bench in the recent ruling was led by Justice B.V. Nagarathna.
How many of the above statements are correct?

Answer (b) & explanation

Statements 1 and 3 are correct. The Court said a consensual relationship cannot be called rape just because it turned sour.

Quick questions

Questions students ask about this

What did the Supreme Court rule?

That a consensual relationship cannot be called rape just because it later ended badly.

What is Section 69 of the Bharatiya Nyaya Sanhita?

A separate offence for sex obtained by deceit or a false promise of marriage, with up to 10 years in jail.

Is a broken promise of marriage always a crime?

No. It is a crime only if the promise was false from the start and used to get consent.

Who led the Bench?

Justice B.V. Nagarathna.