Convenience Marriage As A Settlement In Rape Cases: A Critical Analysis Of Consent, Coercion, And Judicial Discretion In India
- IJLLR Journal
- Apr 11
- 2 min read
Yafrin Ramana, Law Researcher (Punjab and Haryana High Court), Punjab, India
ABSTRACT
The law relating to rape in India is grounded in the principle that consent must be free, voluntary, and unequivocal. At the same time, rape is classified as a non-compoundable offence, reflecting the legislative intent that such crimes are not merely private wrongs but offences against society. Despite this clear legal framework, a troubling pattern has emerged in judicial practice and societal response where marriage between the accused and the victim is treated, as a form of resolution. This paper examines the uneasy relationship between law and social reality in cases where marriage is used as a mitigating factor in rape prosecutions. Through an analysis of judicial decisions, including Aparna Bhat v. State of Madhya Pradesh and other relevant precedents, the study explores how courts have, at times, entertained considerations of compromise, settlement, or future marital prospects while deciding bail or sentencing.
The paper argues that such practices blur the distinction between consent and coercion. In many instances, the decision to marry is shaped by societal pressure, stigma, and the perceived need to restore honor particularly in cases involving pregnancy. This raises serious concerns about whether the resulting consent can be regarded as legally or ethically valid. Further, the study highlights the lived consequences of such arrangements, noting that marriages arising out of such circumstances often perpetuate power imbalances and may lead to continued abuse or eventual breakdown. By situating judicial trends within a broader social context, the paper critically evaluates whether the use of marriage as a mitigating factor undermines the core principles of criminal law.
The paper concludes that while courts have increasingly moved away from endorsing such practices, inconsistencies persist. It calls for a more principled approach that firmly separates criminal liability from social settlement, ensuring that the autonomy and dignity of the victim remain central to the justice process.
Keywords: Consent, Rape Law, Marriage as Settlement, Judicial Discretion, Coercion, Non-Compoundable Offences, Victim Autonomy
