By Team Latestly
Kochi, July 04: In a notable order, the Kerala High Court ruled that a married woman cannot claim she was coerced into sex on the false promise of marriage, as such a promise holds no legal validity when one party is already in a subsisting marriage. The observation came while granting bail to a man accused of sexually exploiting a married woman after allegedly borrowing INR 2.5 lakh from her and threatening to leak her private photos and videos. Justice Bechu Kurian Thomas, while hearing the bail plea, noted that the complaint seemed to stem primarily from a financial dispute. The accused, arrested on June 13, contended that the rape allegation was fabricated to force him into settling monetary claims. Unnatural Sex by Husband With Wife Without Her Consent Not Rape but Punishable Under Section 377: Allahabad High Court. Referring to Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sex obtained through deceitful means, the court said that such a provision likely does not apply here, as the concept of a promise to marry does not legally exist when the woman is already married. Consensual Sex Between 2 Persons Having Extra-Marital Affair Does Not Amount To Luring Somebody With False Promise of Marriage, Says Calcutta High Court. Additionally, the court noted that the other charge under Section 84 of the BNS—pertaining to illicit sex with a married woman—is bailable, and prolonged detention was not warranted. Citing lack of strong prima facie evidence, the Bench allowed bail, adding that misuse of sex-related provisions must be guarded against.