The Supreme Court held that a consensual relationship, even if followed by a breach of a promise to marry, does not amount to rape under under Section 376 of Indian Penal Code, 1860, unless it is proved that the promise was false from the beginning.
The appellant, Jaspal Singh Kaural, was accused of engaging in sexual relations with the complainant under a promise to marry, which allegedly led her to divorce her husband. The Sessions Court discharged him for lack of a prima facie case, under Section 227 of the Code of Criminal Procedure, 1973. The Delhi High Court reversed this decision and framed charges under Sections 376 (rape) and 506 (criminal intimidation) of IPC. Kaural challenged this order.
The Supreme Court set aside the High Court’s decision, restoring the Sessions Court’s order and terminated the criminal proceedings against Kaural. It emphasised that the complainant was fully aware of the nature of the relationship. Her continuing consensual involvement indicated that “there was never an element of force or deceit”. The Court reaffirmed the distinction between a false promise made to induce consent—which may constitute rape—and a breach of promise made in good faith, which does not attract criminal liability.
Jaspal Singh Kaural v The State of NCT of Delhi
7 April 2025
Citations: 2025 INSC 457 | 2025 SCO.LR 4(6)
Bench: Justices B.V. Nagarathna and S.C. Sharma
Read the Judgement here.
Key words/phrases: Sections 376 IPC—false promise to marry—rape— good faith breach of promise to marry is not rape—Section 227 CrPC—rape charges dismissed
Case comment
Held, (iii) There is also no element of criminality that can be accrued to the Appellant, insofar as it is the own case of the prosecutrix, that she was in a relationship with the Appellant, while being in a subsisting marriage. It is also hard to believe that the prosecutrix could have sustained a physical relationship for a prolonged period of five years3, while being in a subsisting marriage, and even subsequently obtaining divorce to sustain the relationship. The prolonged period of the relationship, during which the sexual relations continued between the parties, is sufficient to conclude that there was never an element of force or deceit in the relationship.4 The prosecutrix was thus, conscious and cognizant of the consequences of her Prashant Vs State of NCT Delhi 2024 SCC Online SC 3375 Mahesh Damu Khare Vs State of Maharashtra and Anr. [2024] SCC Online SC actions, and had given her consent after an active and reasoned deliberation.
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