#Consent in Sexual Offences

The Madhya Pradesh High Court has ruled that in POCSO cases, the prosecutrix’s voluntary no-objection to bail, combined with the absence of prior similar criminal history, can outweigh the gravity of the charge when assessing bail under BNSS Section 483. This sets a critical precedent for courts to consider victim autonomy and individualized risk assessment, not just statutory severity, in bail decisions involving minors.

Karnataka High Court granted bail in a rape case under Bharatiya Nyaya Sanhita 2023, holding that DNA evidence excluding paternity establishes reasonable doubt, overriding serious allegations. The ruling underscores the weight of forensic evidence in bail considerations under Section 483 BNSS, impacting criminal defense strategies in cases with biological evidence.

Madhya Pradesh High Court clarifies that disputes over the victim's age or consent under the POCSO Act are triable issues and cannot be determinative at the bail stage. The ruling reinforces that bail decisions must focus on custody duration and case merits without pre-judging evidentiary disputes, setting a precedent for proportional bail conditions in sensitive criminal cases.

Bombay HC Nagpur Bench ruled that consensual sexual relations under a promise of marriage do not constitute an offence under BNS Section 69 unless the false intent existed at the very start of the relationship. The court set aside the charge-sheet, emphasizing that subsequent breach of promise alone is insufficient to establish criminal liability.

Chhattisgarh High Court sets a high bar for prosecuting sexual offences under false promise of marriage, requiring proof beyond reasonable doubt that consent was vitiated. The ruling underscores that a consensual relationship spanning five years, corroborative evidence, and prior travels weaken the prosecution's claim of deceit.

Chhattisgarh High Court acquitted an accused under Section 376 IPC, holding that a prior consensual relationship, unexplained delay in filing the FIR, and absence of medical evidence critically undermined the prosecution's case. The ruling underscores the necessity of corroborative evidence and timely reporting in rape trials.

Chhattisgarh High Court grants anticipatory bail in Section 69 BNS case, holding consensual relationship defence valid when physical relations occurred without force or deceit.

The Chhattisgarh High Court has ruled that even where a consensual relationship exists prior to the complaint, it cannot be used to quash an FIR under Section 69 of the Bharatiya Nyaya Sanhita. The court emphasized that consent, delay, or prior acquittal in unrelated matters do not negate the prosecution’s prima facie case - trial remains the sole forum to examine credibility and intent, reinforcing that statutory sexual offences demand full evidentiary scrutiny.

Madhya Pradesh High Court grants bail in case involving alleged kidnapping and sexual offence, holding that voluntary marriage and lack of immediate complaint undermine prosecution's claim of non-consent.

Kerala High Court grants pre-arrest bail in rape case where victim admitted voluntary elopement, emphasizing custodial interrogation unnecessary and consent dynamics matter.

Madhya Pradesh High Court grants anticipatory bail in POCSO case, holding that genuine consent and delayed FIR may negate presumption of non-consent under Section 63 POCSO Act.

Uttarakhand High Court grants anticipatory bail in case involving Section 69 & 89 B.N.S. 2023, holding that consensual relations based on false marriage promise require proof of dishonest intent, not mere allegation.