Consent for Sexual Relations Does Not Extend to Recording or Sharing Private Moments: Delhi High Court
Pranav B Prem
In a significant ruling, the Delhi High Court emphasized that a woman's consent to engage in sexual relations does not extend to recording private moments or sharing them on social media platforms. Justice Swarana Kanta Sharma observed that the misuse of such consent for exploitation or coercion is unequivocally unacceptable.
The observations were made while rejecting a bail application filed by the accused, Sudhir Kumar, in a rape case involving a married woman. The case arose from allegations that Kumar blackmailed the complainant into complying with his sexual demands under the threat of making explicit videos public. The complainant alleged that Kumar had forced her to undress during video calls, recorded her, and later shared the inappropriate videos with others, including posting them on social media platforms such as Facebook and Instagram.
Key Observations by the Court
Justice Sharma remarked, “Even if the consent for sexual relations had been given at any point of time by the complainant, such consent cannot, in any manner, be construed as consent to capture and post her inappropriate videos on social media platforms.” The Court emphasized that consent to physical intimacy cannot be misused to exploit someone’s privacy or dignity.
The Case Background
The complainant, who had been living in Delhi while her husband worked in Gujarat, alleged that the accused, who was acquainted with her through her sister, offered financial assistance of ₹3.5 lakh to help her enroll in a beautician course. She promised to repay the amount after securing employment. However, the relationship took a dark turn when Kumar allegedly began blackmailing her and coercing her into sexual acts. According to the FIR, Kumar not only recorded inappropriate videos but also used them as leverage to exploit her further. The complainant also accused Kumar of defaming her by sharing these videos with people from her village and creating fake narratives on social media about her and her family.
Coercion and Exploitation Beyond Initial Consent
The Court clarified that any initial consent does not validate subsequent acts rooted in coercion and blackmail. It noted that the accused’s actions of capturing and using private videos to manipulate and sexually exploit the complainant reflected a deliberate strategy of abuse. "The subsequent sexual encounters were no longer consensual but were carried out under duress, with the complainant being put in fear of public humiliation and reputational damage," the Court stated.
Exploitation Under the Guise of Friendship
The Court dismissed the argument that the complainant was in a consensual relationship with the accused, pointing out that the relationship could not be reduced to "friendship simpliciter." It was evident that Kumar exploited the complainant's vulnerability under the pretense of a financial loan arrangement.
Aggravation of Offense
Adding to the gravity of the allegations, the Court highlighted that Kumar allegedly manipulated images of the complainant's minor daughter and shared them on social media, falsely claiming involvement in illicit activities. This act led to the complainant receiving unsolicited and harassing phone calls.
