'Courts Can't Pass Moral Judgments': SC Says Failed Consensual Relationships Don't Automatically Amount To Crime

The Supreme Court has observed that courts cannot pass moral judgments on the personal choices made by consenting adults in relationships, noting that even hurtful or undesirable consequences do not automatically turn such decisions into criminal offences requiring State intervention.

A Bench of Justices BV Nagarathna and R Mahadevan made the observations while discharging a man from criminal proceedings involving allegations of rape on the false promise of marriage, cheating and bigamy.

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The Court cautioned against using criminal law as a means to settle personal scores, seek revenge or coerce individuals into acting in a particular manner. It also expressed concern over what it described as an increasing trend of failed consensual relationships being converted into criminal cases.

'Courts Not Entrusted To Pass Moral Judgments On Personal Choices'

Emphasising individual autonomy and freedom of choice, the Bench observed that adults are entitled to make decisions about their relationships, whether those decisions turn out to be wise, unwise, prudent or reckless.

“It is trite to reiterate at this stage that this Court has not been entrusted to pass moral judgement on the varying exercises of free choice, autonomy and agency by individuals in the country,” the Bench observed.

The Court added that personal decisions could have undesirable consequences or lead to unexpected and deeply hurtful outcomes. However, such consequences would not automatically transform the decisions or the circumstances arising from them into criminal offences requiring State intervention.

Supreme Court Discharges Man In Rape On Promise Of Marriage Case

The observations came while the Court was hearing an appeal involving a man accused of rape on the false promise of marriage, cheating and bigamy.

The woman had alleged that the man concealed his existing marriage and children and presented himself as a bachelor before entering into a relationship and marrying her.

According to the case details, the woman learnt within six months that the man was already married and had children. However, she continued living with him for approximately seven years.

The Supreme Court took note of this circumstance while examining her claim that she had believed herself to be his legally wedded wife.

The Bench held that the relationship and the sexual acts were consensual and that the man's subsequent decision to withdraw from the relationship could not, on the facts of the case, constitute rape under Section 376(2)(n) of the Indian Penal Code (IPC).

The Court consequently set aside the orders passed by the Kerala High Court and the trial court and discharged the appellant from the alleged offences.

Criminal Law Cannot Be Used To Settle Personal Scores, Says SC

The Bench also cautioned against the misuse of criminal proceedings in disputes arising from failed relationships.

“Criminal law cannot be used as a tool to settle personal scores, exact revenge or coerce an individual to act in any particular way,” the Court observed.

It expressed concern over an increasing trend of consensual relationships that subsequently fail being converted into criminal complaints, with some cases reportedly involving demands for substantial monetary settlements from the accused.

However, the Court clarified that these observations should not be interpreted as diminishing the seriousness of genuine rape and sexual assault cases, which continue to be under-reported and must be pursued wherever the facts and evidence establish criminality.

Court Says Consent Must Be Examined On Facts Of Each Case

The Supreme Court also acknowledged the complexities surrounding consent in relationships, particularly in the Indian social context.

It observed that a woman's consent to sexual intimacy may, in certain circumstances, be based on her belief that the relationship would lead to marriage.

Where a woman is genuinely kept unaware of a man's existing marriage, her consent may be vitiated, depending on the circumstances and evidence.

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The Bench emphasised that such allegations must be examined on the specific facts of each case rather than being decided solely on allegations or moral presumptions.

The ruling reiterates the distinction between consensual relationships that subsequently break down and sexual relationships involving consent obtained through deception, while underscoring that criminal proceedings must be assessed on the evidence and circumstances of each individual case.

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