#Section 64 BNS

The Karnataka High Court granted bail in a case under BNS Section 64 and IT Act Section 66E, holding that voluntary physical contact between consenting adults, without coercion or corroboration of non-consent, does not establish rape or digital voyeurism. The ruling reinforces that absence of criminal antecedents and completed investigation weigh heavily in bail decisions, even for non-bailable offences, when the core allegation hinges on disputed consent.

Himachal Pradesh High Court rules that in sexual offence cases under Section 64 BNS, the victim’s testimony and gravity of the offence can override the absence of custodial interrogation need, setting a precedent for stricter scrutiny in pre-arrest bail applications. The decision reinforces pre-arrest bail as an exceptional remedy, particularly in cases involving vulnerable victims.