Indian High Courts overturn rape and cheating charges in consensual relationships

The Calcutta High Court set aside the conviction and life sentence of a military officer, holding that "if there is consensual sexual intercourse between a man and a woman, both having attained the age of majority, the man cannot be held to be guilty of the commission of the offence of rape." The court noted the couple met on Tinder and maintained a voluntary relationship for three and a half years, rejecting the claim that the promise of marriage vitiated consent.

Similarly, the Gauhati High Court dismissed an appeal against the acquittal of a man accused of cheating after a nine‑year consensual relationship. The bench observed that "the going of one of the parties on a different path, after 9 years of consensual relationship, cannot be said to be a case of cheating," emphasizing the absence of fraud or coercion. Both judgments underline that a broken promise of marriage does not, by itself, constitute rape or cheating under Indian law.