Kerala High Court Dismisses Rape Case, Distinguishes Consensual Relationship from False Marriage Promise

The Kerala High Court has quashed rape charges against a man, holding that a consensual relationship based on a promise of marriage does not amount to rape unless the promise was false from the beginning and made with the intent to deceive.

The court found that the relationship in question was consensual and that the accused had not harboured an initial malicious intent, as the couple had subsequently married.

The court emphasises that a breach of a promise alone is not sufficient to invoke rape charges under Section 69 of the Bharatiya Nyaya Sanhita (BNS); it must be proven that the consent was vitiated by a fraudulent promise made in bad faith.

[Vishnu v State of Kerala]