Marital Rape Not Criminalised, But Forced Sex In Love Relationship Is Criminal: Gauhati High Court Refuses To Quash FIR

The Gauhati High Court has held that the existence of a love relationship between a man and a woman does not dilute the criminality of rape, and that even in a premarital relationship, any forceful physical act against the woman's will remains a criminal offence.

Presiding over the case, Justice Pranjal Das, observed, “Even if a man and a woman are in a relationship; that would certainly not give a license to the man to commit rape upon the girl. Though marital rape is still not criminalized in the country, but even in a premarital love relationship between a man and a woman; committing forceful physical relationship upon her against her wish would still be a criminal act.”

The Court was dealing with a criminal petition where the petitioner sought quashing of criminal proceedings arising out of a case after submission of a charge-sheet under relevant provisions of the BNS and Section 4 of the POCSO Act.

As per the case, an FIR was lodged by the father of the victim alleging that the accused entered their house and committed rape upon his daughter when she was alone, and threatened her not to disclose the incident.

The petitioner's case was that a compromise had been entered into with the informant, that the girl had since attained majority, that they were in a love relationship at the time of the alleged incident, and that with consent of both families they were now proposing to marry. The informant also filed an affidavit stating no objection to quashing.

The prosecution opposed the plea, pointing out that in her statements, the victim had implicated the accused in the commission of rape and that the offences involved were serious in nature.

Upon considering the materials, the Court noted that although a compromise had been entered into with the father, the victim herself had not entered into any such agreement and her opinion remained crucial.

The Court recorded, “From her statements recorded before learned JMFC and as well as police during the investigation, she has consistently stated about commission of rape and has not indicated any consent on her part. It is true that in such statements she has stated about her love affair, but any such physical relationship between the parties being consensual does not emerge from her statements. Rather, it is the opposite.”

The Court further noted that the victim was prima facie about 17 years of age at the time of the alleged incident.

Taking into account the nature of the offences and the principles laid down by the Supreme Court, especially with regard to quashing vis-a-vis certain kinds of serious offences, the Court opined, “it would not be justified to quash the criminal proceedings in exercise of the inherent powers of the court,” and accordingly dismissed the petition.

Case Number: Crl. Pet./1608/2025

Case Title: Hamedur Islam alias Hamidur Islam v. The State of Assam and Anr.

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