INTRODUCTION
The Kerala High Court made a recent judgement wherein it declared that keeping the details about an already-existing live-in relationship and a child hidden from the man who is about to marry him leads to the conclusion that the person has used ‘deceitful means’ as indicated in Section 69 of the Bharatiya Nyaya Sanhita (BNS). Justice A. Badharudeen stated that if sexual intercourse is based on the false promise of marriage and the person deliberately withholds such vital information then the defendant cannot avoid being liable just because he would continue to show his willingness to marry the girl.
BACKGROUND
A man initiated the controversy after he made an application for anticipatory bail as his previous application was denied by the lower court. The case against the man was based on the allegation that he had sexual intercourse with a woman belonging to the Scheduled Caste community even after their marriage had been fixed. The prosecution further claimed that the man had hidden the facts about his child and another partner while he was getting married. The victim realized what happened to her when she discovered all the facts and filed a complaint as she believed that the parties had sex under the influence of fraud. The case was registered under Section 69 of the BNS and applicable provisions of the SC/ST (Prevention of Atrocities) Act. The accused claimed that the relationship had been voluntary and insisted on proceeding with the marriage.
KEY POINTS
- The appeal filed by the accused was rejected by the Kerala High Court, which also ordered him to surrender to the investigating officer.
- The Court concluded that concealing a live-in relationship and a baby in order to obtain a woman’s consent for sexual relations is included in the first part of Section 69 of the BNS which clearly makes sexual relations based on deception an offence.
- Justice Badharudeen pointed out that the commission of any such act in question may not in technical terms amount to the crime of rape under any of the other penal sections, but nevertheless is a stand-alone and serious crime under the BNS provisions meant to penalise deception.
- The bench clearly rejected the argument advanced by the accused that he was ready to marry the de facto complainant and held that consent for the act of intimacy was extracted with the deliberate suppression of relevant information.
- It was noted that the marriage had been arranged on a specific understanding that the accused was a bachelor and had not been married to anyone.
- Since a prima facie case under the SC/ST Act was established, the Court held that the bar under Section 18 of the Act in regard to anticipatory bail was applicable.
ANALYSIS
This decision gives an important interpretation of Section 69 of the newly introduced Bharatiya Nyaya Sanhita, which was created specifically to criminalize sexual intercourse obtained through dishonest actions, including false promises for marriage. By concluding that hiding a live-in partner relationship and parental status constitutes “dishonest means,” the Kerala High Court greatly expanded legal measures against fraud in marriage and misuse of sexuality. The ruling establishes an important distinction between a sincere consensual relationship and a relationship in which “consent” is created through deliberately hiding important information from the other side. It emphasizes the understanding that true consent means informed consent, while any sort of influence on a person’s understanding of what is going on with their partner’s marital status can be deemed a crime. Finally, this ruling acts as a strong deterring factor against individuals using the promise of marriage for manipulating and abusing their partners.
CONCLUSION
With this verdict, Kerala High Court has reaffirmed the legal protections against deceptive practices in today’s relationship. The Court interpreted Section 69 of the BNS in such a way that it took into account the intentional concealment of a live-in relationship and children. Honesty is a necessary foundation for consent, according to the judgment. It serves as an important precedent in prosecuting offenses wherein women are sexually exploited under the false garb of marriage.
“PRIME LEGAL is a National Award-winning law firm with over two decades of experience across diverse legal sectors. We are dedicated to setting the standard for legal excellence in civil, criminal, and family law.”
WRITTEN BY: SWETHA DUTTA
