No Rape Charge For Refusal To Marry After Consensual Sex, Important Opinion Of Kerala High Court

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The Kerala High Court has made an important observation in a case of consensual sex. In such a case, the High Court granted bail to a lawyer arrested in rape for refusing to marry. Along with this, the High Court said that refusal of marriage does not constitute a case of rape.
The Kerala High Court in Kochi has clearly held that rape occurs only when there is no consensual sex or there is a breach of consent. Justice Bechu Kurian Thomas made the observation in the judgment on the bail application filed by the lawyer. The accused lawyer is accused of having an affair with a colleague for four years and then deciding to marry another woman.
The High Court has held that sex between a man and a woman can be treated as rape only if it is made against her will or without her consent or by coercive and fraudulent obtaining consent.
The Kerala High Court held that sexual intercourse between two willing adults does not amount to the offense of rape within the purview of Section 376 of the Indian Penal Code. When sexual relations have been created through deceit or misrepresentation, then it will be considered as rape. Even if a consensual relationship is not later converted into a marriage, it does not amount to rape.
Refusal of marriage after having sex or failure to convert the relationship into marriage cannot be treated as misdemeanor. Sexual relations between a man and a woman can amount to misdemeanor only if it is against the will of the woman or is made without her consent.

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The Kerala High Court has made an important observation in a case of consensual sex. In such a case, the High Court granted bail to a lawyer arrested in rape for refusing to marry. Along with this, the High Court said that refusal of marriage does not constitute a case of rape.

The Kerala High Court in Kochi has clearly held that rape occurs only when there is no consensual sex or there is a breach of consent. Justice Bechu Kurian Thomas made the observation in the judgment on the bail application filed by the lawyer. The accused lawyer is accused of having an affair with a colleague for four years and then deciding to marry another woman.

The High Court has held that sex between a man and a woman can be treated as rape only if it is made against her will or without her consent or by coercive and fraudulent obtaining consent.

The Kerala High Court held that sexual intercourse between two willing adults does not amount to the offense of rape within the purview of Section 376 of the Indian Penal Code. When sexual relations have been created through deceit or misrepresentation, then it will be considered as rape. Even if a consensual relationship is not later converted into a marriage, it does not amount to rape.

Refusal of marriage after having sex or failure to convert the relationship into marriage cannot be treated as misdemeanor. Sexual relations between a man and a woman can amount to misdemeanor only if it is against the will of the woman or is made without her consent.

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