The Delhi High Court has made a significant observation that a failed matrimonial promise doesn’t amount to rape, emphasizing that bail is the rule and jail is an exception. In a recent case, Naveen Yadav vs. State Nct of Delhi, Justice Monga granted regular bail to Naveen Yadav, accused under Section 69 of the Bhartiya Nyaya Sanhita (BNS Act), highlighting that the complainant’s allegations seemed to stem from a failed matrimonial promise rather than a completed offence.
Key Points of the Judgment-
Consent and Intent: The court stressed that a consensual relationship based on genuine intent to marry, which later fails, doesn’t constitute rape.
Contradictions: The complainant’s WhatsApp message contradicted the FIR, suggesting no physical intimacy occurred, influencing the court’s decision.
Bail Principles: The ruling reiterated “bail is the rule, jail is an exception,” considering the applicant’s deep societal roots and no flight risk.
Hardship Considered: The court noted the applicant’s arrest led to loss of Dubai employment and a three-year UAE work ban.
Context and Precedents-
The Delhi HC relied on Supreme Court judgments like Pramod Suryabhan Pawar v. State of Maharashtra (2019) and Mahesh Damu Khare v. State of Maharashtra (2024), underscoring that a false promise must be made in bad faith with no intention of fulfillment.
Implications-
This judgment highlights the importance of distinguishing between genuine matrimonial promises and consensual relationships gone awry, impacting how courts approach allegations of rape based on broken promises.
The court’s decision underscores that consensual relationships based on genuine intent to marry, which later fail, don’t constitute rape. The Supreme Court has consistently maintained that to prove a false promise, there must be evidence demonstrating the accused had no genuine intention of marrying from the outset. A mere breach of promise isn’t enough to establish rape; the promise must be made in bad faith and directly influence the woman’s decision to engage in sexual relations.
