Consent Obtained by Misrepresentation is No Consent at All: Delhi High Court Grants Anticipatory Bail in Rape Case

In a significant order, the Delhi High Court has granted anticipatory bail to Armaan Khan, who was implicated in a case under Sections 376 and 506 of the Indian Penal Code. The case revolved around allegations of sexual relationships predicated on the promise of marriage.

Justice Anoop Kumar Mendiratta, presiding over the matter, observed, “There can be no dispute to the proposition of law that a consent which is obtained by misrepresentation is ‘no consent’ at all.” This crucial observation underscored the importance of consent in sexual relationships and its legal implications.

The prosecution's case alleged that the complainant was Induced into a physical relationship with Khan based on the assurance of marriage. However, Khan’s counsel argued that the relationship was consensual and highlighted the complainant’s awareness of potential difficulties in marriage proposals due to religious differences.

In his detailed order, Justice Mendiratta noted, “This is not a case wherein the petitioner had misrepresented about his background or concealed any other particulars.” The court further recognized the need to consider the surrounding circumstances and the duration of the association to ascertain whether the consent was voluntary or under a misconception of fact.

Granting bail, the Court imposed several conditions, including a personal bond of Rs. 50,000, restrictions on the petitioner’s movement outside the National Capital Territory (NCT) of Delhi, and directions to not influence witnesses or contact the complainant.

Date of Decision: 22^nd January 2024

ARMAAN KHAN VS STATE OF NCT OF DELHI