“Law does not consider heartbreak as a crime”, comments Karnataka High Court on rape case

The Karnataka High Court has given an important decision and made it clear that if a consensual relationship does not end in marriage, then it cannot be categorized as ‘rape’. The court said that the law does not consider heartbreak as a crime.

What was the matter?

Actually, a woman had filed a complaint against her former partner under section 376 (rape) of the Indian Penal Code (IPC). The two met in Ireland and were in a live-in relationship for about two years. The woman was already divorced and had a child. When the accused returned to India and lost contact with the woman, she filed a case alleging cheating and rape.

Court’s comments

Justice M. Nagaprasanna said many important things while hearing the case. The court said that when two adults willingly have physical relations for a long time, then refusing to marry later does not turn that relationship into ‘rape’. The court clarified that a false promise of marriage is considered valid only when the intention of the man is to cheat from the beginning. If marriage does not take place due to lack of emotional coordination during the relationship or due to family opposition, then it cannot be said to be a criminal intention.

The justice said, “The criminal justice system is an instrument of state power. It cannot be allowed to be used as a weapon in personal disputes over failed relationships.” The court also noted that the entire story took place in Ireland, where they lived and lived together. This is not a case of violence but of betrayal, and betrayal is not legally rape.

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