In a recent bail decision, the Kerala High Court has clarified that a married woman cannot invoke the ground of a false promise of marriage to allege sexual coercion, as such a promise is untenable when one party is already in a subsisting marital relationship. The ruling was delivered by Justice Bechu Kurian Thomas while allowing the bail application of a man accused of sexually exploiting a married woman and threatening to disseminate her private images and videos.
The petitioner was arrested on June 13, pursuant to allegations that he had sexually assaulted a married woman under the pretext of marriage, after borrowing ₹2.5 lakh from her. The complainant further alleged that he threatened to publish her photos and videos. The prosecution registered charges under Sections 69 and 84 of the Bharatiya Nyaya Sanhita (BNS).
The accused contended that the complainant is a married woman and that the dispute arose primarily from monetary claims. It was submitted that the allegation of rape based on a false promise of marriage was an afterthought, aimed at exerting unlawful pressure to recover the sum allegedly advanced. The petitioner asserted that the accusations were devoid of legal basis, particularly given the complainant’s marital status.
The Court examined the scope of Section 69 of the BNS, which criminalises sexual intercourse by deceitful means. In this regard, the Bench noted: “A promise to marry cannot arise when one of the parties is already in a subsisting marriage.” The Court observed that the applicability of Section 69 in such a context was “prima facie doubtful.”
Further, the Court addressed the charge under Section 84 of the BNS, which pertains to enticing or detaining a married woman for illicit intercourse. The Court recorded that the said offence is bailable, and in the absence of compelling grounds for continued incarceration, custody was unwarranted. The Court also remarked that “misuse of sex-related provisions must be guarded against.”
On finding no sufficient justification for the petitioner’s continued detention, the High Court allowed the bail application. The Court took note of the lack of strong prima facie material and held that the legal impossibility of a marriage promise between a married woman and another individual precluded the invocation of Section 69of the BNS. Consequently, bail was granted.
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