A bench of Justices Hemant Gupta and Vikram Nath of the Supreme Court has said that if a woman voluntarily has intercourse with a man, then the woman cannot file a complaint of rape if the relationship breaks down.

A woman has filed a case against a Rajasthan youth under multiple charges including rape and conspiracy. The woman alleged that four years ago, at the age of 21, she got into a relationship with a man. They also have a daughter. The accused applied for anticipatory bail in the Rajasthan High Court on May 19. But the Rajasthan High Court dismissed the plea. After that, the person approached the Supreme Court.

According to ‘Bar and Bench’, two judges said that the complainant voluntarily entered into a relationship with the accused. So now when the relationship breaks down, that relationship cannot be the basis for filing an FIR under Section 376(2)(n). The Supreme Court has also granted bail to the accused in this regard. However, the court also said that this directive applies only to anticipatory bail matters. The rest of the investigation will continue in its own way, the judges said.

The Rajasthan High Court in its May 19 order refused to grant pre-arrest bail and said, “It is an admitted position that petitioner had made the relationship with the complainant by promising to marry her and due to their relation, one female child was born. So, looking at the gravity of the offence, I do not consider it a fit case to enlarge the petitioners on anticipatory bail. Hence, the anticipatory bail application is dismissed.”