International Journal For Multidisciplinary Research

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The Thin Line between Romance and Crime: Judicial Perspectives on Misuse of Rape Laws in Relationship Disputes in India

Author(s) Ms. Foram Joshi
Country India
Abstract The criminalisation of non-consensual sexual intercourse through Section 376 of the Indian Penal Code, 1860 (IPC), and now Sections 63–65 of the Bharatiya Nyaya Sanhita, 2023 (BNS), is a cornerstone of gender-justice jurisprudence in India. At the same time, courts increasingly confront a complex category of cases where sexual relationships arise out of love affairs, live-in arrangements, or promises of marriage, and later collapse into allegations of rape. This paper examines the “thin line” between genuine prosecution and alleged misuse of rape law in relationship disputes, with particular reference to IPC Section 376 and BNS Sections 64–65.

Doctrinally, the paper analyses key Supreme Court and High Court decisions distinguishing between (a) sexual intercourse induced by a fraudulent promise to marry and (b) consensual intimacy that later deteriorates. Cases such as Deepak Gulati v. State of Haryana and Pramod Suryabhan Pawar v. State of Maharashtra have laid down tests on consent and “misconception of fact”, while recent decisions under BNS 64 reiterate that breach of promise per se is not rape unless fraudulent intent exists from the inception of the relationship.

Empirically, the paper uses an illustrative mixed-methods framework based on: (i) structured interviews with stakeholders (advocates, police officers, trial court staff, and litigants) and (ii) content analysis of 50 reported judgments and 30 media reports on relationship-based rape FIRs between 2018 and 2025. Descriptive statistics suggest that a significant proportion of such cases involve long-term consensual relationships where families or social pressures play a catalysing role in criminalisation. A working hypothesis – that courts are increasingly sceptical of criminalising failed relationships as rape in the absence of clear evidence of initial deception – finds support in recent acquittals and quashing orders.
Science and Technology of India

The paper argues that while narratives of “misuse” should not be weaponised to delegitimise genuine survivors, it is equally dangerous to convert every broken relationship into a criminal case under BNS 64. It recommends clearer statutory explanation of “misconception of fact” in the context of intimate relationships, better police training, gender-sensitised counselling at the pre-FIR stage, and safeguards against both under-enforcement and over-criminalisation. The study concludes that a balanced jurisprudence must preserve rape law’s protective function while preventing its deployment as a tool of retaliation, negotiation, or moral policing of adult intimacy.
Keywords Rape law, IPC 376, BNS 64–65, promise to marry, consensual relationship, misuse of law, judicial trends, love affair disputes, India.
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-25
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.61757
Short DOI https://doi.org/hbcntv
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