Archive · 28 Oct 2025
Kerala HC Dismisses Rape Charge Due to Prior Marriage
A man was accused of rape after promising to marry a woman.
However, the Kerala High Court dismissed the charges.
The court said the woman was already married and couldn't legally marry the man.
The court reasoned the woman's consent wasn't valid because the law wouldn't recognize a second marriage while she was already married.
The court stated that the accused couldn't be charged under Section 376 (2)(n) of the IPC.
The court decided that the case was a consensual relationship due to the woman’s marital status.
Kerala High Court dismissed a rape charge against a man.
The complainant was a married woman.
The court cited the impossibility of a valid marriage.
The man was accused of promising marriage.
The court invoked Section 528 of BNSS to quash the charge.
- Who
- A man and a married woman
- What
- The Kerala High Court dismissed a rape charge against a man.
- When
- The alleged incident occurred in 2021
- Where
- Kerala High Court
- Why
- Because the woman was married and therefore incapable of a valid marriage.
Prosecution
Defense
Valid Consent
Prosecution
The woman believed the promise of marriage, thus her consent was valid.
Defense
The woman's existing marriage rendered any potential 'consent' invalid under law.
Applicability of IPC Section
Prosecution
The man should be charged under Section 376 (2)(n) or other provisions.
Defense
No offense under Section 376 (2)(n) of the IPC was made against the man.
- Court
- Kerala High Court
- Case Outcome
- Rape charge quashed
- Complainant's Status
- Married woman
- Legal Basis
- Section 528 of BNSS
- Accused
- Man
- Alleged Offense
- Rape on false promise of marriage
- Marriage Status
- Subsisting marriage with another
