Consent to have sex doesn't allow capturing private moments and posting them on social media, Delhi High Court observed while dismissing the bail application by a rape accused who allegedly sexually exploited a married woman and leaked private images.
Justice Swarana Kanta Sharma, while rejecting the bail, said that consent does not include permission for the misuse or exploitation of private images.
'Consent to engage in physical relations does not extend to misuse'
"Even if the consent for sexual relations had been given at any point in 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. Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner," the court held in a January 17 verdict.
The accused, in the present case, alleged it was a case of a 'long friendly relationship' turning sour owing to the woman failing to repay a loan he gave her.
Refusing to grant any reprieve, the court said even if the initial sexual relationship between the parties was consensual, the alleged subsequent acts of the accused were "clearly rooted in coercion and blackmail".
"While the first sexual encounter may have been consensual, the subsequent ones were allegedly based on blackmail, with the accused taking advantage of the videos to exert control over the complainant. The accused's actions in preparing the videos and using them to manipulate and sexually exploit the complainant prima-facie reflects a strategy of abuse and exploitation, transcending any initial consensual interaction," it said.
'Accused exploited his relationship under guise of loan transaction'
The court noted that it prima facie appeared the accused had taken advantage of the relationship under the pretext of a loan transaction. However, such an arrangement -- even between friends -- does not grant one party the right to exploit the vulnerability or dignity of the other.
The court dismissed the accused's argument that the woman's marital status and maturity due to her professional background implied her awareness of her actions. It stated that any "attempt to weaponize" these aspects to undermine the seriousness of the allegations was "unacceptable."
The mere fact that, said the court, the complainant worked in a massage parlour could not be used to diminish the seriousness of the alleged offences committed against her when there was no evidence of her engaging in illicit or unlawful activities.
According to the complainant, the accused lured her by providing a loan of Rs 3.5 lakh for enrolling in a course but later began blackmailing her into complying with his sexual demands.
She alleged that by the end of 2023, the accused came to Delhi, showed her an objectionable video on his phone, and coerced her into having sex for two days under the threat of making the video public. The accused reportedly posted the videos on social media platforms, including Facebook, WhatsApp, and Instagram.
(With PTI inputs)
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