Patna High Court: Consensual Adult Relationships Not Rape if Marriage Fails

Patna
N
News18•21-01-2026, 14:04
Patna High Court: Consensual Adult Relationships Not Rape if Marriage Fails
- •The Patna High Court ruled that consensual physical relations between adults do not automatically constitute rape if marriage doesn't occur later.
- •Justice Soni Srivastava's single bench dismissed a Section 376 IPC case, quashing a Bhagalpur Additional Sessions Judge's order.
- •The case involved allegations of physical relations for a year on the pretext of marriage, followed by a rape charge when marriage failed.
- •The accused's counsel argued the relationship was consensual between adults, with no coercion, and inability to marry shouldn't be termed rape.
- •The High Court emphasized that a false promise and inability to marry are distinct, urging lower courts to seriously examine facts before proceeding with such cases.
Why It Matters: Consensual adult relationships, even if marriage fails, are not automatically rape; misuse of Section 376 is a concern.
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