Non-Consensual Sex in Love Relationships Criminalised

Source: High Court of Gauhati 

Why in News?

Justice Pranjal Das of the Gauhati High Court, in the case of Hamedur Islam alias Hamidur Islam v. The State of Assam and Anr. (2026), held that the existence of a love relationship between parties does not dilute the criminality of rape, and that even in a premarital relationship, any forceful physical act against a woman's will constitutes a criminal offence. 

• The Court refused to exercise its inherent powers to quash criminal proceedings, noting that the victim's statements consistently disclosed commission of rape without any indication of consent, and that the offences involved were serious in nature — particularly given the victim's age at the time of the alleged incident.

What was the Background of Hamedur Islam v. State of Assam (2026) Case? 

• The petitioner filed a criminal petition before the Gauhati High Court seeking quashing of criminal proceedings arising out of a charge-sheet filed against him under relevant provisions of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 
• An FIR was originally lodged by the father of the victim alleging that the accused entered their house, committed rape upon his daughter when she was alone, and threatened her not to disclose the incident. 
• The petitioner contended that a compromise had since been entered into with the informant (the father), that the victim had attained majority, that the parties were in a love relationship at the time of the alleged incident, and that both families had consented to their proposed marriage. 
• The informant also filed an affidavit before the Court expressing no objection to the quashing of proceedings. 
• The prosecution opposed the petition on the ground that the victim's statements consistently implicated the accused in the commission of rape and that the offences were serious in nature. 
• The Court noted that the victim was prima facie approximately 17 years of age at the time of the alleged incident, thereby attracting the provisions of POCSO.

What were the Court's Observations? 

• The Court held that the existence of a love relationship between a man and a woman does not, in any manner, license the commission of rape. Even in a premarital relationship, any forceful physical act against the woman's will remains a criminal offence in law. 
• The Court clarified that while marital rape is still not criminalised in India, this legal position does not extend to premarital relationships — and any non-consensual physical act within such a relationship continues to attract criminal liability under applicable law. 
• On the question of compromise, the Court noted that although the informant (the victim's father) had entered into a compromise and filed an affidavit of no-objection, the victim herself had not entered into any such compromise, and her opinion and statements remained crucial to the proceedings. 
• Upon examining the victim's statements recorded before the Judicial Magistrate First Class and during police investigation, the Court found that she had consistently disclosed commission of rape without indicating any consent on her part — and that while she acknowledged the love affair, nothing in her statements suggested the physical relationship was consensual. 
• The Court held that, given the nature and gravity of the offences involved and the principles laid down by the Supreme Court regarding quashing of serious offences, it would not be justified to exercise inherent powers to quash the criminal proceedings. 
• Accordingly, the petition was dismissed.

What are the Offences of Rape under BNS? 

• Section 63 of BNS= Definition of Rape   

Any of the above acts constitutes rape when done under any of these circumstances: 

Explanation and Exceptions: 

• Section 64 (1) of BNS = Punishment for offence of Rape 
  • This provision provides for punishment of offence of rape which is Rigorous imprisonment which shall not be less than 10 years but which may extend to life imprisonment and also fine.    
• Section 64 (2) of BNS = Punishment for offence of Rape in Specific Circumstances 
  • This provides for the offence of rape in specific circumstances. 
  • The punishment provided here is rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine 
• Section 65 of BNS = Punishment for Rape in Certain Cases (Minors) 

• Section 66 = Punishment when victim of rape is in Persistent Vegetative State 
  • Rigorous Imprisonment not less than 20 years which may extend to life imprisonment or with death. 
• Section 70 = Gang Rape