Delhi HC Refuses to Keep Live-In Relationship Outside Purview of Rape

08 March , New Delhi

The Delhi High Court has refused to keep live-in relationships outside the purview of rape under the Indian Penal Code, saying it would amount to giving them the status of matrimony, which the legislature has chosen not to do.

The court made the observation while hearing a PIL, which had sought direction to the government to keep the cases of live-in relationships outside the purview of the offence of rape under the IPC.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said, all that we can observe is, that a live-in-relationship constitutes a distinct class from marriage.

The bench said, it is also not as if the defence of consent would not be available in such cases to the accused. It said, they do not find any merit in the petition and dismiss the same.

The PIL also sought direction that the complaint lodged by a live-in partner against the other should be registered under section 420 for cheating, not section 376 for rape, which was turned down by the court, saying it cannot pass such order.

The court was hearing a PIL which contended that according to the records it has been seen that in many cases, courts acquit men accused of rape as the women file false case.