Biswajyoti Chatterjee vs The State of West Bengal 2025 case gained attention due to the involvement of a retired judicial officer and sensitive nature of the allegations. It raised important questions about whether a consensual sexual relationship based on a promise of marriage amounts to rape if the promise is later broken. The verdict of the Supreme Court contributed to the ongoing legal discourse on consent, fraud and misuse of criminal law in failed relationships. Discover more in-depth analyses of important Supreme Court decisions by exploring Recent Judgements of Supreme Court.

Biswajyoti Chatterjee vs The State of West Bengal 2025 Introduction

The case of Biswajyoti Chatterjee vs The State of West Bengal 2025 involved serious allegations of rape, cheating and criminal intimidation against a retired judicial officer by a woman who claimed he misused his position and made false promises of marriage during her divorce proceedings. The case examined the complex intersection of consensual relationships and false promise of marriage under the Indian Penal Code.

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The case at hand centres around serious allegations of sexual exploitation, criminal intimidation and breach of trust brought against a retired judicial officer by a woman who claims he made false promises of marriage and misused his position during her divorce proceedings. The following are the facts of Biswajyoti Chatterjee vs The State of West Bengal -

Background of the Case

The Appellant who was a retired judicial officer who last held the post of Civil Judge (Senior Division), City Civil Court, Calcutta, has approached the Supreme Court and challenged the Order passed by the Calcutta High Court. The High Court of Calcutta dismissed the revision petition of the Appellant and refused to discharge him from First Information Report dated 14th December, 2015 registered at Mahila Police Station, Haldia, District Purba Medinipur under Section 376, Section 417 and Section 506 of Indian Penal Code.

Allegations by the Complainant

The Complainant i.e., Respondent No. 2 filed the First Information Report, alleged that she came into contact with the Appellant in 2014 during her ongoing divorce proceedings. At the time, the Appellant was posted as Additional Chief Judicial Magistrate (ACJM), Haldia. The Complainant claimed that the Appellant, who was also estranged from his spouse, promised to marry her once she got divorced and agreed to take care of her and her son from the previous marriage.

The Appellant arranged for the Complainant and her son to stay in a rented house at Tamluk and paid for the son’s education at Tamralipta Public School. He also reportedly transferred funds regularly to the Complainant’s bank account to cover their daily expenses. Based on these promises, the Complainant claimed to have developed a physical relationship with the Appellant.

Breakdown of Relationship

The Complainant contended that the Appellant took her to his residence in Kolkata and repeatedly assured her of marriage. However, after her divorce was finalized, the Appellant started avoiding her, stopped responding to her phone calls and asked her not to contact him again.

Statement Under Section 164 CrPC

In her statement under Section 164 of Criminal Procedure Code, the Complainant reiterated these allegations. She also alleged that the Appellant had insisted she transfer her legal cases to Advocate Mr. Gopal Chandra Dass, who was reportedly offering his services without fees. After her divorce, the Appellant threatened her through his security guard and warned her not to call him or he would harm her son. She accused the Appellant of mentally and physically exploiting her.

Investigation and Charge-Sheet

On 13th January, 2016, the Calcutta High Court granted the Appellant anticipatory bail. The case was subsequently transferred to the CID, West Bengal, which filed a chargesheet against the Appellant and Advocate Gopal Chandra Dass. The Magistrate took cognizance of the charges on 1st May, 2020.

Legal Proceedings

The Appellant challenged the cognizance order. The High Court directed him to approach the appropriate forum after the case was committed to the Sessions Court and eventually dismissed the petition, noting the existence of prima facie material and substance in the allegations.

The Appellant then filed an application under Section 227 of Criminal Procedure Code and sought discharge which the District & Sessions Judge, Purba Medinipur, rejected. The Appellant challenged this rejection before the High Court. However, the High Court dismissed the revision petition and upheld the earlier order.

Biswajyoti Chatterjee vs The State of West Bengal 2025 Legal Issues

The following issues were addressed in Biswajyoti Chatterjee vs The State of West Bengal 2025 -

• Whether a consensual sexual relationship based on a promise of marriage constitutes rape under Section 376 of Indian Penal Code when the promise is not fulfilled?

The Supreme Court examined whether the failure to marry after a long-standing consensual relationship amounts to rape if there is no evidence that the promise was false from the beginning.

• Whether the complainant’s consent to sexual intercourse was obtained under a “misconception of fact” as defined under Section 90 of Indian Penal Code?

The Court in Biswajyoti Chatterjee vs The State of West Bengal examined whether the complainant’s consent was vitiated by deception or whether it was given with full awareness of the circumstances.

• Whether criminal proceedings initiated under Section 376(2)(f), Section 417 and Section 506 of Indian Penal Code constituted an abuse of the process of law?

The Court analysed whether the continuation of criminal prosecution was appropriate in light of the consensual nature of the relationship and absence of evidence indicating deceitful intent.

Section 376 and Section 506 of Indian Penal Code played an important role in Biswajyoti Chatterjee vs The State of West Bengal 2025. The following are analysis of these provisions 

• Section 376 of Indian Penal Code: Punishment for Rape
  Section 376 (Now Section 64 of Bharatiya Nyaya Sanhita, 2023) prescribes punishment for committing rape. The main question was whether the alleged sexual intercourse between Appellant and Prosecutrix was non-consensual due to a false promise of marriage.
• Section 506 of Indian Penal Code: Criminal Intimidation
  Section 506 (Now Section 351 of Bharatiya Nyaya Sanhita, 2023) deals with punishment for threatening another person to cause alarm. It was alleged that the Appellant intimidated the complainant and her child when she attempted to contact him.

Biswajyoti Chatterjee vs The State of West Bengal 2025 Judgment and Impact

On 7th April, 2025, the 2-Judge Bench of the Supreme Court comprising Justice BV Nagarathna and Justice Satish Chandra Sharma in Biswajyoti Chatterjee vs The State of West Bengal quashed the rape charges against the former judicial officer. The Court held that a mere breach of promise to marry does not amount to rape unless it is shown that the promise was false from the beginning and used to obtain consent through fraud. 

The Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the complainant, a 36-year-old woman had voluntarily entered into a sexual relationship with the Appellant which continued for over a year.

The Supreme Court in Biswajyoti Chatterjee vs The State of West Bengal highlighted that not every failed relationship involving a promise of marriage should be treated as a case of rape particularly when the relationship is clearly consensual. It condemned the increasing trend of initiating criminal proceedings when romantic relationships break down and stated that such actions amount to an abuse of the legal process.

The Court noted that the complainant was fully aware of the Appellant’s marital status. The Court held that her consent to the physical relationship was not obtained under any misconception of fact. The Biswajyoti Chatterjee vs The State of West Bengal judgment authored by Justice Satish Chandra Sharma explained that the Prosecution failed to prove that the Appellant had any fraudulent intent at the time he promised marriage.

The Supreme Court noted that it is implausible that the complainant continued a long-term physical relationship only on the basis of the marriage assurance. The Court referred to a landmark judgement Prashant Bharti v. State of NCT of Delhi, reiterated that a woman who knowingly sustains a relationship cannot later claim rape due to a subsequent fallout.

On the basis of the above findings, the Supreme Court in Biswajyoti Chatterjee vs The State of West Bengal allowed the appeal and set aside the orders of the Sessions Court and the High Court. The Court quashed the criminal proceedings and concluded that the relationship was consensual and did not amount to rape.

Conclusion

In Biswajyoti Chatterjee vs The State of West Bengal 2025 the Supreme Court on 7th April, 2025 held that a breach of a promise to marry does not amounts to rape unless it is proven that the promise was false from the beginning. The Court highlighted the consensual nature of the relationship and the Court quashed the charges. The Court cautioned against the misuse of criminal law in personal disputes. The decision reinforced the importance of distinguishing between exploitative conduct and failed romantic commitments.