Woman's Consent For Sexual Relations Does Not Extend To Capturing Private Moments, Posting Them On Social Media: Delhi High Court

The Delhi High Court has observed that the consent given by a woman for engaging in sexual relations with a man does not extend to capturing her private moments and posting inappropriate videos on social media.

“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,” Justice Swarana Kanta Sharma said.

The Court observed that the 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.

It made the observations while denying bail to a man in a rape case registered by a married woman last year.

The woman alleged that the accused had given her money to enroll in a course, which she had promised to repay after securing a job. As per the FIR, the accused started blackmailing her and compelling her to comply with his sexual demands.

It was alleged that the complainant had complied with whatever the accused used to ask her to do. The allegations against the accused were that he had instructed her to undress during WhatsApp video calls, he showed her a naked video of hers on his mobile phone and forcibly established physical relations with her for two days under the threat of making her videos public.

It was also alleged that he had started defaming her by sending the said videos to people in her native village and later posted her inappropriate video on social media platforms.

While dismissing the bail plea, the Court said that even if the first episode of the sexual relationship between the complainant and the accused was consensual, subsequent acts of the accused were “clearly rooted in coercion and blackmail.”

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, the Court said.

Furthermore, it was observed that the relationship between the complainant and the accused could not be termed as a "friendship simpliciter" wherein financial assistance was extended by one friend to another.

The Court prima facie observed that the accused had exploited the relationship under the guise of a loan transaction. A loan arrangement, even between friends, does not entitle one party to exploit the other‟s vulnerability or dignity, it said.

Justice Sharma also observed that the attempt of the accused to weaponize the complainant's marital status and professional background to diminish the gravity of the allegations was unacceptable.

Rejecting the plea, the Court requested the Director of FSL to ensure that the FSL report in the case be prepared and handed over to the concerned I.O. at the earliest since the accused was in judicial custody.

Title: SUDHIR KUMAR v. THE STATE NCT OF DELHI

Citation: 2025 LiveLaw (Del) 74

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