Consent to a relationship is not consent to each act within it: Delhi High Court denies anticipatory bail in rape case
- Case
- Doctor accused of rape v. State
- Court
- High Court of Delhi
- Statutes
- Source
- Verdictum
The Delhi High Court denied anticipatory bail to a doctor accused of rape, holding that consent to a relationship does not equate to consent for every act within it. The Court vacated interim protection, noting the alleged loss of the accused's phone and deletion of chats, and clarified that Section 69 of the Bharatiya Nyaya Sanhita (BNS) is a residual provision.
Ratio Decidendi · Legal Principle Established
Consent to a relationship does not automatically imply consent to each and every act within that relationship. Section 69 of the Bharatiya Nyaya Sanhita (BNS) is a residual provision.
Practice & Procedural Impact for Advocates
Advocates must argue that consent in a relationship is not blanket consent for all acts, especially in sexual offence cases. Litigants should be aware that alleged destruction of evidence, such as phone data, can negatively impact bail applications.
Key Legal Takeaways
- 1Consent for a relationship does not extend to consent for individual acts within it.
- 2Allegations of evidence destruction (e.g., phone loss, chat deletion) can be a ground for denying anticipatory bail.
- 3Section 69 of the Bharatiya Nyaya Sanhita (BNS) is a residual provision.