Often we hear the news that the person raped the woman by pretending to be married. It is often called cheating and infidelity. Now according to the decision given by the Delhi High Court in this case, if a person stays with a woman by promising her marriage and a relationship is formed, then it will not be considered rape. Because there is also the consent of the woman.
The Delhi High Court has said that irrespective of the infidelity of the girlfriend despite the physical relationship, it is not a crime. The court further noted that by moving from 'no means no' to sexual consent, there is now widespread acceptance of 'yes means yes'.
The court gave this decision while upholding the acquittal of a person in a rape case. The woman had registered a case of rape against the acquitted person. The person had made physical relations with her by promising marriage. The woman accused him of raping her when she committed infidelity.
The court rejected the appeal of the police, in this case, saying that there is no deficiency in the lower court's decision to acquit the person in this case. The court said, "Infidelity to a lover, no matter how bad some people feel, is not a punishable offense under the Indian Penal Code. It is not a crime for two adults to have sexual relations with mutual consent. '
Justice Vibhu Bhakharu said, "As far as consent to sex is concerned, the campaign 'Naa Mein Naa', which started in the 1990s, contained a globally accepted rule. Verbal 'no' is a clear indication that consent has not been given to sex. 'He said,' No 'on sexual consent,' no means no ', now there is widespread acceptance of' yes means yes'. So unless there is a positive, conscious and voluntary consent to establish sex, it will be a crime. '