In Santhosh Kumar N.P. v. State (Station House Officer, Kadirur Police, Thalassery, Kannur District) & Another [2026 INSC 1179], the Supreme Court cautioned against the disturbing trend of failed relationships being converted into criminal cases alleging rape.
The Supreme Court observed that rape, being a heinous offence, must be reserved for situations involving real sexual violence, coercion, or manipulation of consent. When every consensual relationship that sours is converted into an accusation of rape, it not only dilutes the gravity of the offence but also undermines the very allegation of crime. It also subjects the accused to irreparable stigma, harassment and injustice.
The Court stressed that the abuse of the criminal justice process in such cases is a matter of serious concern and must be condemned. The justice system must not be turned into a tool of vengeance when relationships fail.
The Court added that the legislature never intended that consensual sexual acts between adults, occurring during a mutually affectionate relationship, be retrospectively criminalised merely because the relationship came to an end.
The Court noted that, despite judicial deprecation, this trend is increasing. It is a matter of concern for the courts, as settlement of such disputes often comes with huge monetary consideration to be borne by the male accused.
