The Delhi High Court has refused to keep live-in relationships outside the purview of rape under the Indian Penal Code, saying it would amount to giving them the status of matrimony, which the legislature has chosen "not to do".
The court made the observation while hearing a PIL, which had sought direction to the government to keep the cases of live-in relationships outside the purview of the offence of rape under the IPC.
"As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do," a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.
The PIL also sought direction that the complaint lodged by a live-in partner against the other should be registered under section 420 (cheating), not section 376 (rape), which was turned down by the court, saying it cannot pass such order.
"In more than 70 per cent cases, the accused is found not guilty and other associated family members of the acquitted accused face humiliation in society," the plea had said.
It had said that police should not arrest a person only on the basis of an allegation by a woman prior to conducting preliminary enquiry and getting a medical report, but before arrest, sufficient cause should be recorded by a senior officer to avoid false implication.
"No general directions as sought can be issued. Moreover, all cases of acquittal cannot be permitted to lead to the conclusion of falsity of the claim of the complainant/ prosecutrix or of faulty investigation.
It further said that the "high rate of acquittal in such cases, on which the entire premise of the petition is based, cannot be a reason of the prosecution being malicious or vindictive.
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