Goa Court Discharges Man in Rape Case, Cites Law's Stance on Marital Rape
A Goa sessions court discharged a man accused of rape, stating Indian law does not recognize marital rape within a civil marriage.
A sessions court in Goa has discharged a 30-year-old man accused of rape, ruling that the allegations do not hold under Indian law as it does not recognize marital rape. The court's decision came in response to a complaint filed by a woman who alleged that she was forced into sexual intercourse by the accused during the subsistence of their civil marriage.
The case dates back to July 2024, when the couple completed the first signature of their civil marriage. The woman claimed that her first sexual encounter with the accused occurred on that day and was non-consensual. Despite the alleged incident, she proceeded with the civil marriage, which was solemnised on August 7, 2024.
Presiding Officer Pooja C Kavlekar of the Fast Track Special Court in Panaji observed that the complaint was filed after the marriage was registered. The court noted that the allegation of non-consensual sex during the marriage does not stand because Indian law does not recognize marital rape.
The court also addressed the prosecution's argument that the accused had obtained consent through deception. It pointed out that the chargesheet was filed under Section 64 of the Bharatiya Nyaya Sanhita (BNS), which pertains to rape, rather than Section 69, which deals with sexual intercourse through deceitful means. The court stated that the relevant provision in this case would have been Section 69, but no offence was made out under it either.
The order highlighted that the victim had engaged in sexual intercourse with the accused on several occasions, claiming it was forcible, yet she still married him and did not complain to anyone at the time. The court noted that the complaint was filed only after the accused expressed a desire to cancel the civil registration.
The court concluded that the accused had kept his promise by marrying the victim, and therefore, no offence under Section 69 of the BNS is made out. It added that the victim is free to pursue her grievances before a civil court in matters related to annulment or divorce.