Consensual Relationships Do Not Grant Licence For Assault: High Court 

The Karnataka High Court has ruled that consensual relationships do not grant licence for assault.

The case involves a serving Circle Inspector of Police who was accused by a social worker, also the wife of a police constable, of various crimes including assault and intimidation.

The relationship between the complainant and the accused began in 2017 when she visited the Bhadravathi Rural police station. By May 2021, the complainant lodged a complaint at the Women’s Police Station, alleging she was physically and sexually harassed by the inspector.

The situation escalated when the inspector allegedly threatened to harm her children if she did not withdraw her complaint, leading to additional charges under IPC sections 504 and 506 for insult with intent to provoke breach of peace and criminal intimidation respectively.

In November 2021, the inspector reportedly abducted the complainant, took her to a hotel where he assaulted her, and left her at Sagar Bus stop early the next morning. She sought medical attention for her injuries and filed another complaint, accusing him of offenses under various IPC sections including rape, kidnapping, wrongful confinement, attempt to murder, and assault.

The accused contested these allegations, claiming the relationship was consensual from the start and citing his acquittal in a related cheque bounce case under the Negotiable Instruments Act.

Justice M Nagaprasanna, while acknowledging the consensual nature of the relationship, dismissed the charge of repeated rape under section 376(2)(n) but upheld other charges related to assault, intimidation, and attempt to murder.

The court remarked on the “gross misogynist brutality” inflicted upon the complainant, allowing the trial to proceed on these counts. 

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