The Bombay High Court has refused to quash a rape FIR where the accused had signed a live‑in agreement with a domestic worker, under which she would bear his child in exchange for money.
The Court ruled that such “consent” isn’t free, especially when extracted through financial coercion, and likened the deal to commercial surrogacy, which is banned in India.
The woman, a domestic worker, was reportedly coerced under financial pressure. The court also noted medical evidence of assault.
The court held that the contract violates public policy and cannot override protections under Sections 375 and 90 of the IPC (now BNS). The court found a prima facie rape case and declined to invoke Section 482 CrPC powers.