1 week ago
Goa Court Discharges Man, Citing India’s Marital Rape Law
A woman accused a man she had married through a civil registration of forcing her to have sex.
She said this began in July 2024 and happened several times.
The couple completed their civil marriage in August 2024.
She later complained after the man wanted to cancel the registration and did not want a religious wedding.
Prosecutors said he used force, threats, and deception.
The man’s lawyer said the marriage meant the case should end.
The court said Indian law does not currently recognise marital rape.
It discharged the man and said the woman could take her marital complaints to a civil court.
A Goa Sessions Court discharged a 30-year-old man accused of raping a woman he had civilly married.
The woman alleged that forcible sexual encounters began on July 13, 2024, after the couple completed the first civil-marriage signature.
The couple’s civil marriage was registered on August 7, 2024, while the woman said the man later sought to cancel it and refused a religious marriage.
The prosecution alleged repeated non-consensual intercourse and threats, while the defense argued that the marriage meant no rape case survived.
The court said Indian law does not recognise marital rape and found no offence under either Section 64 or Section 69 of the Bharatiya Nyaya Sanhita.
- Who
- A 30-year-old man was accused by a woman he had civilly married; the prosecution pursued the case.
- What
- The Goa court discharged the man from rape-related proceedings and held that no offence was made out under the cited provisions.
- Where
- A Fast Track Special Court in Panaji, Goa.
- When
- The alleged first sexual encounter was on July 13, 2024; the civil marriage was registered on August 7, 2024; the discharge order was issued on a Thursday.
- Why
- The court said Indian law does not recognise marital rape and found that the facts did not establish an offence under Section 64 or Section 69 of the Bharatiya Nyaya Sanhita.
Prosecution and Complainant’s Allegations
Defense and Court’s Position
Whether the intercourse was forced
Prosecution and Complainant’s Allegations
The prosecution said the man forcibly had sexual intercourse with the woman several times without her consent and threatened her with dire consequences.
Defense and Court’s Position
The court questioned the allegation, stating that if the intercourse had been forcible, the woman would not have married the person accused of forcing her.
Whether deception was involved
Prosecution and Complainant’s Allegations
The prosecution said the man obtained the woman’s consent through deception and that she complained of sex following a false promise to marry.
Defense and Court’s Position
The court said the man had married the woman, so technically no offence was made out under Section 69 concerning deceitful means.
Effect of the civil marriage
Prosecution and Complainant’s Allegations
The complainant’s case was filed after the man allegedly sought to cancel the civil registration and refused a religious marriage; prosecutors sought action for cheating and sexual intercourse based on a false promise to marry.
Defense and Court’s Position
The defense argued that the man was married to the complainant when the chargesheet was filed. The court said Indian law does not recognise marital rape and directed marital grievances toward a civil court.
Key facts
- Accused
- A 30-year-old man
- Court
- Fast Track Special Court, Panaji, Goa
- Civil marriage
- Registered on August 7, 2024
- Alleged conduct
- The prosecution said forcible intercourse occurred repeatedly between July 13 and August 6, 2024, with threats.
- Chargesheet provision
- Section 64 of the Bharatiya Nyaya Sanhita, concerning rape
- Alternative provision discussed
- Section 69 of the Bharatiya Nyaya Sanhita, concerning sexual intercourse by deceitful means
- Court’s conclusion
- No offence was made out under Section 64 or Section 69; marital grievances could be raised in civil court
Quotes
Pooja C Kavlekar
Presiding Officer of the Fast Track Special Court, POCSO, Panaji
“The accused has kept his promise and married the victim. Technically, therefore, no offence is also made out under Section 69 of BNS. It is open for the victim to put forth her grievances before the Civil Court, where the annulment or divorce case may be filed.”
indianexpress.com
“The complaint has been filed after the marriage is solemnised. The allegation that the accused during the subsistence of civil marriage had sex with the victim without her consent does not stand as Indian law does not recognize marital rape.”
indianexpress.com
Sources
Related news
Calcutta High Court Upholds Acquittal in Caste-Related Marriage Case
Gauhati High Court Refuses Relief to Rape Accused
Arjun Rampal’s Goa Marriage Used Legal Waiting-Period Exception
Karnataka High Court Refuses to Quash Rape Case
Madhya Pradesh High Court Suspends Sentence for Interfaith Wife
Mehrajuddin Wadoo named India U17 football head coach
Recent Protests Push India’s BJP Toward Greater Political Caution
Spice Lounge Launches Food Division, Targets ₹1,200 Crore Revenue
Modi Gifts Sindarov’s World Cup Scoresheet to Uzbek President
Heavy Rain Threatens Central India as Cities Expect Showers
