XXX v. State of Kerala and Anr., 2025
The Court grants bail to man accused of deceiving a married woman into sexual relationship, holds Section 69 BNS may not apply where marriage is subsisting.
Judgement Details
Court
Kerala High Court
Date of Decision
3 July 2025
Judges
Justice Bechu Kurian Thomas
Citation
Acts / Provisions
Facts of the Case
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The petitioner was accused of having sexual intercourse with a married woman on the basis of a false promise of marriage.
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The Allegations included threats to leak photos and videos and borrowing ₹2.5 lakhs from the complainant.
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A crime was registered under Sections 69 and 84 of BNS, 2023.
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The petitioner moved the High Court seeking regular bail.
Issues
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Can a married woman claim to have been sexually assaulted on the false promise of marriage?
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Is Section 69 BNS applicable where both parties are aware of an existing marriage?
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Whether the facts of the case warranted continued pre-trial detention?
Judgement
- The Court granted regular bail to the petitioner.
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It held that when both parties are aware the woman is married, promise of marriage is legally untenable.
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Quoting from Anil Kumar v. State of Kerala (2021) and Ranjith v. State of Kerala (2022), the Court stated: “If both of the parties are aware about a subsistent marriage, it cannot be alleged that the sexual intercourse between them was with a promise to marry.”
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Noted that Section 84 is bailable, and whether the relationship was consensual or coercive could be determined only after trial.
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The Court made it clear that these findings are prima facie, and meant only for deciding bail.
Held
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The Court found no reason to continue the petitioner’s custody.
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Bail was granted considering that Section 84 is bailable but there is a situation which is Doubtful applicability of Section 69 BNS in the context of a married woman.
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The Lack of necessity for continued detention at this stage
Analysis
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The judgment draws a distinction between consensual relationships and those involving deceitful promises.
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It reiterates that promise of marriage cannot be made to a married woman with legal effect, weakening the foundation of an offence under Section 69 BNS.
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Also reflects a cautious bail jurisprudence, where courts avoid pre-judging facts but balance liberty with seriousness of the allegations.
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The case shows early judicial engagement with new BNS provisions, and how courts interpret them in light of existing legal principles.