Close Proximity At Workplace Often Results In Sexual Relationships Which Get Reported As Crimes After Turning Sour: Delhi High Court

The Delhi High Court has said that close proximity at the workplace, many times, results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour.

“In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the distinction between the offence of rape and consensual sex between two adults,” Justice Neena Bansal Krishna said.

The Court observed that in the changing times when women are emerging and becoming a relevant part of the workforce, it becomes the responsibility ofthe  Legislature as well as the Executive to enact laws and implement them so as to ensure their safety and well being.

“The Courts have an equal corresponding responsibility to interpret and apply the laws pragmatically to given situations to ensure that the protection of law is a reality and not merely a paper protection,” the Court said.

It added: “However, a more onerous duty lies on the Courts to also be a watchdog to apply an even hand and deal with a given situation in a manner to prevent its abuse and misuse by any person.”

Justice Krishna made the observations while granting bail to a man in a rape case registered against him last year by a woman with whom he used to work.

It was the accused's case that they were deeply in love with each other and the relationship was mutual and consensual. It was stated that the accused came to know that the woman was also dating someone else and later she broke all ties with him.

It was submitted by the accused that the woman had filed the alleged false and fabricated complaint out of vendetta and that his promise of marriage was never false. It was also contended that there was no evidence to suggest any coercion, force or assault on his part.

While granting bail to the accused, the Court noted that charges were framed against him in November last year and that the veracity of allegations levelled against him shall be tried during trial which is likely to take some time.

“The present case, is also from the same genre wherein the Applicant and the prosecutrix developed sexual proximity while working in the same workplace, but after about one year, the relationship turned sour resulting in the present case with allegations of force and rape,” the Court said.

It noted that the accused had been in judicial custody since May 30, 2024, and that no fruitful purpose would be served in keeping him behind bars for an inordinately long time.

Title: ABHIJEET KUMAR v. STATE (GOVT. OF NCT OF DELHI)

Citation: 2025 LiveLaw (Del) 161

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