Hon'ble Supreme Court emphasized the misuse of rape charges when relationships sour and concluded that continuing the case would be an abuse of process in Biswajyoti Chatterjee vs. State of West Bengal & Anr.Criminal Appeal (SLP (Crl.) No. 4261 of 2024) | Decided on 07 April 2025

-

Supreme Court Judgment Summary: Biswajyoti Chatterjee vs. State of West Bengal & Anr.
Criminal Appeal (SLP (Crl.) No. 4261 of 2024) | Decided on 07 April 2025

Key Facts:

  • Appellant: Biswajyoti Chatterjee, a retired Civil Judge (Senior Division), City Civil Court, Calcutta.

  • Respondent No. 2: A woman who alleged that Chatterjee promised to marry her, maintained a relationship with her, and later abandoned her after her divorce.

  • FIR filed on 14.12.2015 under Sections 376 (rape), 417 (cheating), and 506 (criminal intimidation) IPC.

  • Allegations include:

    • Promise to marry after her divorce.

    • Financial support for her and her son.

    • Sexual relationship allegedly based on promise of marriage.

    • Threats after she tried to contact him post-divorce.

Lower Court Proceedings:

  • Anticipatory Bail: Granted by Calcutta High Court in 2016.

  • Charge Sheet: Filed in 2020 by CID, West Bengal.

  • Discharge Application: Dismissed by Sessions Court and later by Calcutta High Court in 2024.

  • The High Court held that there was prima facie material to proceed with the trial.

Supreme Court Decision:

  • Key Observations:

    • Relationship lasted over a year and appeared consensual.

    • Complainant was a mature adult, aware of appellant’s marital status and social standing.

    • No evidence of fraudulent inducement or coercion.

    • Promise of marriage was not made in bad faith; hence, no “misconception of fact” under Section 375 IPC.

    • Alleged threats lacked credible proof to sustain charges under Section 506 IPC.

    • Contradictions in complainant’s statement regarding the role of Advocate Gopal Dass cast doubt on her narrative.

Legal Precedents Cited:

  • Pramod Suryabhan Pawar v. State of Maharashtra: Consent must be active and reasoned; false promise must exist at time of act.

  • Uday v. State of Karnataka: Mature individual’s consensual act, even under a broken promise to marry, doesn’t amount to rape.

  • CBI v. Aryan Singh: Discharge stage not meant for detailed trial; only prima facie case is to be considered.

Final Verdict:

  • Appeal allowed.

  • High Court order dated 23.02.2024 is set aside.

  • All criminal proceedings quashed.

  • The Supreme Court emphasized the misuse of rape charges when relationships sour and concluded that continuing the case would be an abuse of process.


Comments

Post a Comment

Popular posts from this blog

Important sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) along with key points:

-
Important sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) along with key points: Chapter-wise Important Sections of BNS, 2023 General Principles & Definitions Section 1 – Short title, extent, and commencement Section 2 – Definitions (similar to IPC, but some terms updated) Section 3 – Punishment of offenses committed beyond India but by Indian citizens General Exceptions (Defense to Criminal Liability) Section 20 – Act done by a child below 7 years is not an offense Section 21 – Act done by a child above 7 but below 12, considering maturity Section 24 – Right of private defense (self-defense provisions) Section 25 – Right of private defense extending to causing death in certain cases Offenses Against the State Section 111 – Waging war against the Government of India Section 113 – Sedition (modified from IPC; now called "acts endangering sovereignty, unity, and integrity of India") Offenses Affecting Public Tranquility ...
Read more

MCQs on Bharatiya Nyaya Sanhita, 2023

-
Here is a set of 20 multiple-choice questions (MCQs) based on the Bharatiya Nyaya Sanhita, 2023, focusing on both conceptual understanding and practical application. Each question is followed by an explanation. MCQs on Bharatiya Nyaya Sanhita, 2023 General Principles & Definitions Which of the following is a fundamental principle introduced in the Bharatiya Nyaya Sanhita, 2023? a) Rehabilitation-focused punishment b) Community service as an alternative to imprisonment c) Stringent punishment for organized crime and terrorism d) Legalization of certain offenses under previous laws Answer: c) Stringent punishment for organized crime and terrorism Explanation: The BNS 2023 enhances penalties for offenses like terrorism, mob lynching, and organized crime to strengthen national security. Under Bharatiya Nyaya Sanhita, 2023, which term replaces the word ‘offense’ used in IPC, 1860? a) Crime b) Illegality c) Apradh d) Wrongdoing Answer: c) Apradh Explanation: The term...
Read more

BHARATIYA NYAYA SANHITA, 2023 –SHORT-NOTE AND CHAPTER-WISE MCQ

-
Image
BHARATIYA NYAYA SANHITA, 2023 - SHORT NOTES 1. Preliminary (Sections 1-3) Covers definitions, general explanations, and application of the law. 2. Punishments (Sections 4-13) Types:  Death, Life Imprisonment, Rigorous & Simple Imprisonment, Fine, Forfeiture, Community Service . Enhanced punishment for repeat offenders. 3. General Exceptions (Sections 14-44) Includes  acts done in good faith, private defense, acts of children/unsound mind, accident, consent, intoxication , etc. 4. Abetment, Criminal Conspiracy & Attempt (Sections 45-62) Abetment:  Instigating, aiding, or conspiring a crime. Criminal Conspiracy:  Agreement to commit an illegal act. Attempt:  Punishable even if the crime is not completed. 5. Offences Against Women & Children (Sections 63-99) Rape, Sexual Harassment, Dowry Death, Cruelty, Kidnapping, Trafficking, Miscarriage . 6. Offences Against Human Body (Sections 100-146) Murder, Culpable Homicide, Hurt, Acid Attacks, Wrongful Restra...
Read more