The Supreme Court on Monday made pointed oral observations on pre-marital sex while hearing a bail plea in an alleged rape-on-false-promise-of-marriage case, saying, "Before marriage, a boy and a girl are strangers," and urging "circumspection" before entering physical relationships. A Bench of Justices BV Nagarathna and Ujjal Bhuyan was considering the plea of a man accused of luring a 30-year-old woman into a physical relationship on the assurance that he would marry her, despite being already married and later marrying another woman. The Court's remarks, reported by Live Law, came during arguments on the bail application.
'Maybe We Are Old Fashioned'
Justice Nagarathna observed, "Maybe we are old fashioned, but before marriage a boy and a girl are strangers. Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationships before marriage. You must be very careful; nobody should believe anybody before marriage."
The prosecution stated that the complainant met the petitioner on a matrimonial website in 2022. It is alleged that he established physical relations with her multiple times in Delhi and later in Dubai, promising marriage. She reportedly travelled to Dubai at his insistence, where he allegedly repeated the act and recorded intimate videos without her consent, threatening to circulate them if she resisted. She later discovered that the man had married a second woman on January 19, 2024, in Punjab.
Court Questions Travel to Dubai
During the hearing, Justice Nagarathna asked why the complainant had travelled to Dubai. When government counsel noted that the two had met on a matrimonial website and planned to marry, the judge observed that if the woman was particular about marriage, she should not have travelled beforehand. "She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is a consensual relationship," Justice Nagarathna said. The Bench indicated the matter may be referred to mediation and kept it on Wednesday to explore settlement.
Bail Rejected
The petitioner's earlier bail pleas had been rejected by the Sessions Court and Delhi High Court. On November 18, 2025, the High Court refused bail, observing that the allegations prima facie suggested the promise of marriage was false from the beginning, particularly as the petitioner was already married and later married another woman. Relying on judicial precedents, the High Court stated that consent obtained on a false promise of marriage may be invalid if the promise was made in bad faith and without intent to marry.
SC sets aside controversial Allahabad HC ruling on rape attempt, moots guidelines to 'infuse sensitivity' in judicial handling of sexual offence cases
Separately, the Supreme Court set aside a controversial Allahabad High Court judgment that had ruled grabbing a minor's breasts and breaking her pyjama string was insufficient to constitute attempt to rape. Disposing of the suo motu matter, including criminal appeals filed by two NGOs and the victim's mother, a Bench headed by Chief Justice of India Surya Kant held that the Allahabad High Court's reasoning was a "patently erroneous application of the settled principles of criminal jurisprudence."
The Supreme Court observed that the accused had allegedly taken the minor victim on a motorcycle, stopped near a culvert, dragged her, committed sexually offensive acts, and fled only when witnesses arrived. "A bare perusal of these allegations leaves no modicum of doubt that the case sought to be made out is that the accused persons proceeded with a pre-determined intent to commit an offence under Section 376 IPC," the apex court said.
The Court restored the original summons order dated June 23, 2023, and confirmed that the trial shall proceed under Section 376 read with Section 511 IPC and Section 18 of the POCSO Act. The Bench clarified that its observations are prima facie and "shall not be taken as any opinion on the guilt of the accused persons."
The Supreme Court also addressed a broader concern over judicial handling of sexual offences and vulnerable victims. It requested the National Judicial Academy, Bhopal, to constitute a committee of experts, led by former SC judge Justice Aniruddha Bose, to draft guidelines to infuse sensitivity and compassion in judicial processes involving sexual offences. The draft guidelines are expected to focus on victims, complainants, and witnesses, particularly children, women of tender age, and other vulnerable sections, while keeping language clear and accessible. The report is to be submitted within three months and placed before the Chief Justice of India for further administrative action.
(With inputs from IANS)
