Can Rape Case be Filed after Termination of Live-In Relationship?

Nowadays, Live-in relationships have achieved considerable impetus. People have started considering it as an alternative or a step towards eventual marriage.  There is no doubt that in India, marriage is an important social institution. Along with this a new concept of live- in relationship is also emerging in cosmopolitan cities of India. Although there is no codified law which defines the live-in relationship. We can call it a relationship in which a man and a woman live together without marriage. The Supreme Court has many times regarded it as a relationship in the nature of marriage. It means that if the couple is in a live-in relationship from a long time and society has also started recognizing them as husband and wife, in such cases the couple can get the benefit of laws which apply on marriages. For example, the female partner can get maintenance from male partner as if they were married.

Although there is no codified law on live-in relationship, it attracts Article 19(1)(a) and 21 of Indian Constitution which postulate an individual’s right to freedom of speech and liberty, respectively. Any action by the state machinery that interferes with individuals’ ability to enter into live-in relationships, whether explicitly or in form of an omission, is therefore a transgression of an individual’s constitutional rights.  Apart from them, Protection of Women from Domestic Violence Act, 2005 recognized live-in relationships within the ambit of “Domestic Relationship” under Section 2(f). Individuals who are in live-in relationships are now provided protection from any form of domestic violence as their relationship is considered to be at par with that of marriage.

The Supreme Court has also recognized live-in relationships in the case of Lata v. State of U.P, AIR 2006 SC 2522; It was held that an adult woman was free to marry anyone she likes or live with anyone she likes.  As the people started preferring live-in relationship, number of false cases of rape has also increased. In many cases, after the break up female partner files the false FIR of rape. Unlike marriage, in live – in relationship there is no compulsion or a long procedure for separation. It is easy to separate. 

Rape has been defined under section 375 of Indian Penal Code, 1860(hereinafter IPC). It states that a man is said to commit “rape” who has sexual intercourse with a woman with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married or it was done against her will or without her consent or  her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt or With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent or With or without her consent, when she is under sixteen years of age.

If any of the above condition is satisfied then it would amount to rape.  Female partner can file false rape case but she will not succeed as any of the above conditions would not be satisfied. Apart from these conditions, if sexual intercourse has been made under the false pretext of marriage then it would be regarded as rape as such consent will be given under the misconception of marriage.  It would not amount to consent under section 90 para 3 of IPC.

In Uday vs. Karnataka [2003 (4) SCC 46], Supreme Court traced a large number of judgments relating to the issue of lovers failing to culminate their intimate physical relationships in to marriages, which in many cases resulted in filing of rape charges against the men.  Court held that the consensus of judicial opinion is in favor of the view that the consent given by the prosecutrix (complainant woman) to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact if at the time of sexual intercourse man had intention to marry that woman.  Supreme Court in Dhruvaram Muralidhar Sonar case held that there is a clear distinction between rape and consensual sex. The court, in such cases, must very carefully examine whether the man had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception.“

As the live-in relationship has started evolving, the Supreme Court has also started recognizing it. Court takes a broad overview of these cases. If a false rape case has been filed there are high chances that court will not regard it as rape if it was consensual.