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Women who was willingly staying with a man cannot lodge an FIR for the offence under Section 376 (2)(n) IPC, when the relationship is not working out : Supreme Court of India

The Supreme Court of India, through learned judges, Justice Hemant Gupta and Justice Vikram Nath  in the case of Ansaar Mohammad v. State of Rajasthan (CRIMINAL APPEAL NO.962 OF 2022)  observed that women who was willingly staying with a man cannot lodge an FIR for the offence under Section 376 (2)(n) IPC, when the relationship is not working out 

BRIEF FACTS: The challenge in the present appeal was against an order passed by the High Court whereby, an application for pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 for the offences under Sections 376 (2) (n), 377 and 506 IPC was dismissed. It was the admitted case of the complainant that she was in a relationship with the appellant for a period of four years. It was admitted by the learned counsel for the respondent No.2/complainant that when the relationship started, she was 21 years of age. 

FINDINGS OF THE COURT:  The court remarked that the complainant was willingly staying with the appellant and had the relationship. The court held that therefore, if the relationship was not working out, the same cannot be a ground for lodging an FIR for the offence under Section 376( 2)(n) IPC. Consequently, the court allowed the present appeal and set aside the order of the High Court. The appellant was ordered to be released on bail to the satisfaction of the competent authority. It is made clear by the court that the observations in the present order were only for the purposes of deciding the pre-arrest bail application. The court remarked that the investigation shall proceed uninfluenced by the observations made in the present order.

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JUDGEMENT REVIEWED BY – AMRUTHA K

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