Woman willingly staying with man can’t file rape case if relationship fails: SC

New Delhi, 15/7: A woman in a relationship with a man and willingly staying with him cannot file a case of rape after the relationship has gone sour, the Supreme Court has said, allowing pre-arrest bail to a man.


A bench of Justices Hemant Gupta and Vikram Nath noted it was an admitted case of the complainant that she was in a relationship with the appellant for a period of four years. Also, her counsel admitted that she was 21 years old when the relationship started.


“In view of the said fact, the complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC,” the bench said.

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