Register live-in relationship cases as cheating, not rape: PIL

Seeking to control the possible misue of rape law in the city, a PIL has been filed in the Delhi High Court asking the government to keep the cases of live-in relationships out of the purview of the crime of rape under the Indian Penal Code.

PTI| Updated: Feb 05, 2015, 23:10 PM IST

New Delhi: Seeking to control the possible misue of rape law in the city, a PIL has been filed in the Delhi High Court asking the government to keep the cases of live-in relationships out of the purview of the crime of rape under the Indian Penal Code.

The plea said the complaint lodged by live-in partner against the other should be registered under section 420 (cheating), not section 376 (rape).

A division bench of Chief Justice G Rohini and Justice R.S. Endlaw would hear the PIL Feb 18.

The plea filed by Anil Dutt Sharma said that as per the records it has been seen that in many cases, courts acquit men accused of rape as the women filed false case.

"In more than 70 percent cases, the accused is found not guilty and other associated family members of the acquitted accused face humiliation in the society," said the plea.

Seeking directions for government to keep the cases of live-in relationships out of the purview of section 376, the plea also sought action be taken against the woman falsely implicating a man in a rape case.

The plea further sought direction for central and Delhi governments to secure constitutional rights of person acquitted from rape charges by the way of compensation and registration of cases against those who misuse the law.

It said that police should not to arrest a person only on the basis of allegation by female prior to conducting preliminary enquiry and getting a medical report, but before arrest, sufficient cause should be recorded by a senior officer to avoid false implication.

The plea further asked court`s direction for government to ban the websites showing porn or objectionable material.

"There are various commercial offers published by females for paid sexual relationship available on internet, newspapers and through other sources. The option under section 376 IPC is always open to them, there is possibility of misuse of law," the plea added.