In a recent PIL before the Delhi High Court, seeking for an order to keep live-in relationships outside the purview of rapes (section 366) and instead put such cases under fraud (section 420), the Court dismissed it saying that by doing so it would give the status of marriage to such relations while the legislature had not intended to do so. The PIL was in reference to cases where one live-in partner files a complaint against another, with the cases ending with acquittal of the accused though with loss of reputation.
The essential ingredient if the offence of rape is the absence of consent including the consent obtained by fraud, coercion, intoxication, misrepresentation. In such cases, the accused can show the consent as a valid defence. The court felt that live-in relations are very different from marriage and by keeping them outsid from the purview of rape would accord them the status of marriage.
The court observed that the defence of consent will be available to the accused and the present order does not take away such defence. The court further sought direction from the Centre and the State government to provide remedy in the form of securing the constitutional right of providing compensation for the loss of reputation to the acquitted party and also constituting legal proceedings against those who misuse the law.
The court further instructed that the investigating officer should not make arrest before conducting preliminary investigation and medical examination to avoid false implication.
The essential ingredient if the offence of rape is the absence of consent including the consent obtained by fraud, coercion, intoxication, misrepresentation. In such cases, the accused can show the consent as a valid defence. The court felt that live-in relations are very different from marriage and by keeping them outsid from the purview of rape would accord them the status of marriage.
The court observed that the defence of consent will be available to the accused and the present order does not take away such defence. The court further sought direction from the Centre and the State government to provide remedy in the form of securing the constitutional right of providing compensation for the loss of reputation to the acquitted party and also constituting legal proceedings against those who misuse the law.
The court further instructed that the investigating officer should not make arrest before conducting preliminary investigation and medical examination to avoid false implication.
Sec 376 punishment for rape
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