Prelims: Current events of national and international importance | Polity
Why in News?
The Supreme Court held that consensual sexual acts within a relationship cannot be retrospectively classified as rape solely on the basis that the relationship later ends.
Key Observations of the Supreme Court
- Differentiation between consent and subsequent regret:
- Consent procured through deception is distinct from regret experienced after consensual intimacy when a relationship concludes.
- Regret arising from a failed relationship, in isolation, does not transform consensual sexual acts into rape.
- Prohibition of retrospective criminalisation:
- Physical intimacy occurring within a consensual relationship cannot subsequently be classified as rape solely due to the deterioration of the relationship.
- Safeguards against the misuse of criminal law:
- Treating every failed relationship as a rape case undermines the gravity of the offence and results in stigma, harassment, and injustice for the accused.
- Imperative to protect genuine victims:
- Rape remains an under-reported crime that infringes upon women's bodily autonomy and dignity.
- Authentic cases involving sexual assault, coercion, or manipulation of consent must be pursued with rigor.
Legal Provisions
- Bharatiya Nyaya Sanhita (BNS), 2023 Section 63 – Defines rape.
- BNS Section 64 – Prescribes punishment for rape.
- BNS Section 69 – Deals with sexual intercourse by deceitful means or a promise to marry without the intention to fulfil it, where the act does not amount to rape.
- Article 21 – Protects the right to life and personal liberty, including dignity and bodily autonomy.
Reference
The Hindu | Supreme Court verdict on Consent
