#consent

Gujarat HC upholds acquittal: birth certificate without source verification cannot prove minority, making POCSO presumption inapplicable. Victim's conduct - no outcry, voluntary travel, non-disclosure - negated kidnapping and rape under Sections 363, 366, 376 IPC. Proven age is a jurisdictional prerequisite for POCSO; voluntary accompaniment by a minor defeats kidnapping charges.

The Gujarat High Court upheld a Section 376 acquittal, holding that written live-in consent deeds raise a presumption of implied consent to sexual relations, and a marriage promise by a minor is legally unenforceable. The ruling establishes that documented cohabitation agreements can defeat 'false promise of marriage' rape charges when the accused was below marriageable age.

The Jharkhand High Court held that, for an IPC 376 rape charge based on a false promise to marry, the prosecution must prove the accused's mala fide intention at the time of the promise and a direct nexus to the sexual act. Without such proof, the conviction cannot be sustained. This decision clarifies the evidentiary standard in false-promise rape cases and affects prosecutors, defence counsel and victims alike.

Allahabad HC acquits appellants in kidnapping and rape case, citing contradictions, lack of evidence, and consensual relationship. Key takeaways on investigation standards.

Allahabad HC acquitted the accused in a rape case, ruling that the victim's voluntary conduct and failure to prove coercion undermined the prosecution's case. The ossification test alone was deemed insufficient to establish minor status, reinforcing the need for corroborative evidence in sexual offence convictions.

MP High Court grants bail in a case involving sharing of intimate photographs, holding that consent and adult agency negate automatic denial of bail under Bharatiya Nagarik Suraksha Sanhita. The ruling emphasizes that pre-trial detention is unjustified where the prosecutrix was a consenting party, reinforcing bail as a rule under Article 21.

The Chhattisgarh High Court ruled that a consensual physical relationship formed after a woman’s desertion from her husband cannot be retroactively framed as sexual intercourse under false pretenses of marriage. This clarifies that Section 69 BNS requires proof of deceptive intent at the time of intercourse, not post-facto resentment over broken marriage promises - protecting individuals in informal unions from weaponized complaints.

The Madhya Pradesh High Court ruled that long-term cohabitation and consensual relations preceding pregnancy do not automatically establish rape under Section 69 of Bharatiya Nyaya Sanhita (BNS) 2023. The court held that the false promise of marriage must be proven at the inception of the relationship, not retrospectively, to vitiate consent. This judgment reinforces the evidentiary burden in cases involving live-in relationships and sexual autonomy.

Madras High Court ruled that conviction under POCSO Act and Section 376 IPC demands strict proof of the victim's minor age and absence of consent beyond reasonable doubt. The court acquitted the accused after DNA exclusion and suppressed birth records raised doubts about the prosecution's case, reinforcing that consensual relations with a minor cannot be presumed as rape without conclusive evidence.

Bombay High Court rules that a dissenting member of a cooperative society who refuses to sign a development agreement cannot be compelled into arbitration, even if the society executed a Permanent Alternate Accommodation Agreement (PAAA). The court clarifies that arbitration clauses bind only signatories, protecting individual members' consent rights in redevelopment disputes.

Kerala High Court quashes rape proceedings where consent was based on promise of marriage, clarifying that mala fide intent at inception is essential for conviction under Section 375 IPC.