Married woman cannot claim she was coerced into sex on false promise of marriage, says HC

KOCHI

A married woman cannot claim that she was coerced into sexual relations with a person on the false promise of marriage, the Kerala High Court has said.

The Bench of Justice Bechu Kurian Thomas said this on Thursday while granting bail to a person in a case where he allegedly sexually assaulted a married woman on the pretext of marriage and threatened to publish her photos and videos, after borrowing ₹2.5 lakh from her.

The petitioner/accused person who was arrested on June 13 and is behind bars since then, contended that the victim is a married woman and that the case was registered primarily based on a financial claim. The allegation of rape on the promise of marriage was raised only to compel the petitioner to yield to her unlawful demands, he alleged.

Based on records and previous decisions, the Bench observed that it is prima facie doubtful whether the offence comes under Section 69 (sexual intercourse by deceitful means) of the Bharatiya Nyaya Sanhita (BNS), as a promise to marry cannot arise when one of the parties is already in a subsisting marriage. Additionally, the offence under Section 84 of the BNS, pertaining to enticing, taking away, or detaining a married woman with the intent to have illicit intercourse is bailable. The continued detention of the petitioner is not warranted, it added and granted him bail.