Supreme Court Extends Cruelty Protection to Live-Ins

Supreme Court Extends Domestic Cruelty Protection Beyond Marriage

Why in the News ?

The Supreme Court has ruled that women in certain live-in relationships can invoke criminal protection against domestic cruelty under Section 85 of the Bharatiya Nyaya Sanhita (formerly Section 498A IPC), provided the relationship reflects an intent to marry.

Supreme Court Extends Cruelty Protection to Live-Ins

Supreme Court Expands Criminal Protection to Live-in Relationships :

  • The Supreme Court held that women in live-in relationships may seek protection under Section 85 of the Bharatiya Nyaya Sanhita (BNS), corresponding to Section 498A of the Indian Penal Code (IPC).
  • The Court ruled that criminal protection is available where the relationship:

○   Is in the nature of marriage, and

○   Demonstrates a genuine intent to marry.

  • The judgment arose from a case where a man argued that he could not be prosecuted because his relationship with the complainant was not legally valid due to his existing marriage.
  • The Court rejected this defence, observing that a person cannot escape criminal liability by relying on the invalidity of a marriage if he induced a woman to believe she was in a lawful marital relationship.
  • It emphasised that domestic cruelty is not confined to legally recognised marriages and the law must respond to evolving social realities.

Key Observations and Legal Reasoning

  • The Court adopted a purposive interpretation of criminal law, stating that the objective of anti-cruelty provisions is to prevent domestic violence and abuse, irrespective of formal marital status.
  • It observed that denying criminal protection solely because a woman is in a live-in relationship would violate the principle of equality under Article 14.
  • The Court distinguished the Protection of Women from Domestic Violence Act, 2005 from criminal law:

○   The DV Act primarily provides civil remedies such as protection orders, residence rights, and maintenance.

○   Section 85 BNS imposes criminal liability to deter domestic cruelty.

  • The Court clarified that not every live-in relationship qualifies for criminal protection.
  • The woman seeking protection must initially establish that the relationship:

○   Was stable and marriage-like.

○   Included shared domestic life, financial interdependence, and social recognition.

○   Reflected a mutual intention to marry.

About Domestic Violence and Live-in Relationships :

●  Section 85, Bharatiya Nyaya Sanhita (BNS), 2023:

○   Replaces Section 498A IPC.

○   Punishes cruelty by a husband or persons in a marriage-like relationship as interpreted by courts.

●  Protection of Women from Domestic Violence Act, 2005:

○   Covers women in a “relationship in the nature of marriage.”

○   Provides civil remedies, including:

■ Protection orders.

■ Residence rights.

■ Maintenance.

■ Compensation.

●  Judicial Recognition of Live-in Relationships:

○   The Supreme Court has recognised that certain live-in relationships deserve legal protection if they resemble marriage in terms of stability and shared responsibilities.

○   Relevant precedent: Indra Sarma v. V.K.V. Sarma (2013), which laid down indicators of a relationship in the nature of marriage.

●  Constitutional Provisions:

○   Article 14 – Equality before law.

○   Article 21 – Right to life, dignity, and personal liberty.