Pramod Kumar Navratna v. State of Chhattisgarh & Ors.

 A consensual relationship between adults, where the prosecutrix was legally incapable of marriage due to a subsisting marriage, cannot be retrospectively criminalisedas rape on a “false promise of marriage” under s. 376(2)(n) IPC.

 

Background

The complainant, a married woman and practising advocate, alleged that the accused, also an advocate, had repeatedly raped her on the false promise of marriage between September 2022 and January 2025. At all material times, her marriage subsisted and divorce proceedings were pending. An FIR was registered under s. 376(2)(n) IPC, followed by a chargesheet. The High Court refused to quash the FIR. The accused appealed.

 

Issues Framed

1. Whether allegations of sexual relations on a promise of marriage, when the prosecutrix was legally incapable of marrying due to a subsisting marriage, can constitute rape under s. 376(2)(n) IPC.
2. Whether continuation of criminal proceedings amounted to abuse of process warranting quashment under Article 226 / principles in Bhajan Lal.
 

Court’s Reasoning

(i) Legal Rule / Test

• Consent is vitiated under s. 90 IPC only if the promise of marriage was false from inception, made solely to obtain sexual consent, and had a direct causal nexus with such consent.
• A distinction must be maintained between a false promiseand a breach of promise (Naim Ahamed).

(ii) Application to Facts

• The complainant was a married woman with a living spouse; hence, any promise of marriage was legally unenforceable and incapable of performance in view of s. 5(i) HMAand s. 4(i) SMA.
• Both parties were aware of her marital status from inception; therefore, the allegation that consent was induced by misconception of fact was inherently contradictory.
• The relationship bore the clear indicia of a consensual relationship turning acrimonious, not repeated rape.

(iii) Section 376(2)(n) IPC

• The expression “repeatedly” contemplates multiple acts of rape arising from coercion, fear, captivity, or continued deceit. The present facts did not disclose such a pattern.

(iv) Abuse of Process

• Applying Bhajan Lal categories, even if FIR allegations were accepted at face value, no offence was made out; continuation of prosecution would be unjust.
 

Decision 

The appeal was allowed. The High Court’s order was set aside, and the FIR, chargesheet, and all consequential proceedings were quashed. 

 

Ratio

Sexual relations between consenting adults cannot be prosecuted as rape on the ground of a false promise of marriage where, at the inception and throughout the relationship, the prosecutrix was legally incapable of marrying due to a subsisting marriage, as such a promise cannot vitiate consent under s. 90 IPC or attract s. 376(2)(n) IPC.

 

Case Details

• Citation: 2026 INSC 124
• Decided on: 05 February 2026
• Case Title: Pramod Kumar Navratna v. State of Chhattisgarh & Ors.
• Court: Supreme Court of India
• Bench: B.V. Nagarathna, J.; Ujjal Bhuyan, J.

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