Denial of Bail in Sexual Assault Case Under Section 69 of BNS: Kerala High Court Emphasizes Risk to Victims - 2026-06-29

Power and Exploitation: High Court Denies Bail to Councillor in Sexual Assault Case

In a significant ruling regarding the interpretation of the new Bharatiya Nyaya Sanhita ( BNS ), the Kerala High Court has denied bail to a Palakkad Municipality ward councillor accused of sexual assault and exploitation. Justice A. Badharudeen, presiding over the case, emphasized that the current stage of the investigation makes the release of the accused potentially fatal to the prosecution’s case.

A Promise of Employment Turned Exploitation

The case stems from allegations that the accused, a local political figure, used his position as a councillor and his connections to high-ranking politicians to lure a vulnerable, orphaned victim. The prosecution alleges that under the guise of offering job assistance, the accused established a relationship with the victim only to subject her to forceful sexual intercourse on multiple occasions.

The victim, a student having completed her Plus Two education and pursuing a beautician course, was allegedly taken from her home under the false pretext of meeting a contact for the promised employment, only to be assaulted. Furthermore, the prosecution states that when the victim became pregnant, the accused attempted to force her to undergo an abortion.

The Battle Over 'Consent'

The defense counsel argued for the appellant’s release on the grounds that the sexual relationship was entirely consensual. Counsel emphasized the appellant's cooperation with the investigation following his surrender.

In contrast, the prosecution, supported by counsel for the victim, vehemently opposed the bail plea. They highlighted the gross disparity in power, noting that the accused’s political influence and the victim’s vulnerable status as an orphan made the alleged "consent" legally invalid. They argued that releasing the accused at this "extreme primitive stage" of the investigation would provide him an opportunity to intimidate the victim and compromise essential evidence.

Statutory Interpretation: What Does Section 69 BNS Mean?

The High Court focused its analysis on Section 69 of the Bharatiya Nyaya Sanhita , which addresses sexual intercourse obtained through deceitful means or false promises of marriage. Justice Badharudeen clarified that when sexual intercourse is obtained through deceit, the defense of "consent" loses its validity.

The ruling underscores a critical legal principle: the law will not allow individuals in positions of power to utilize deceptive promises of employment or stability to exploit marginalized individuals under the cover of "consensual relationships."

Key Observations from the Court

The judgment highlights the gravity of the allegations and the necessity of keeping the accused in custody during the investigation:

• "Here the argument advanced by the learned counsel for the appellant that the relationship was consensual cannot be considered, as Section 69 of BNS specifically provides that if a person performs sexual intercourse with a woman by deceitful means... the same would come under the purview of Section 69 of BNS ."
• "It is well settled that consensual sexual intercourse between a male and a female would not attract an offence of rape. At the same time, when consent is obtained as stated in Section 64 of BNS , then consent is said to be vitiated."
• "Release of the appellant at the primitive stage of investigation cannot be considered as the same would impede the investigation and the apprehensions expressed by the learned Public Prosecutor... including threat to the victim, are having force."

Final Verdict: Public Interest Prevails

The Kerala High Court ultimately dismissed the criminal appeal, confirming the lower court’s order to deny bail. The decision sends a strong message regarding the judiciary's stance on cases involving potential witness intimidation and the abuse of political authority. By prioritizing the integrity of the investigation, the Court has ensured that the victim remains protected while the legal process takes its course.