The Delhi High Court has ruled that consent for sexual activity does not permit the recording of private moments or their subsequent sharing on social media.

Justice Swarana Kanta Sharma, while rejecting the bail application of a rape accused, emphasized that consent does not extend to the misuse and exploitation of intimate images.

"Even if the consent for sexual relations had been given at any point in 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.

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," the court held in a January 17 verdict.

In the present case, the accused claimed that the situation arose from a "long friendly relationship" turning sour after the woman failed to repay a loan he had given her. However, the court denied any relief, stating that even if the initial sexual relationship between the parties was consensual, the alleged subsequent actions of the accused were "clearly based on coercion and blackmail."

"While the first sexual encounter may have been consensual, the subsequent ones were allegedly based on blackmail, with the accused taking advantage of the videos to exert control over the complainant. 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," it said.

The court observed that it appeared prima facie that the accused had exploited his relationship with the woman under the pretext of a loan transaction. It emphasized that such an arrangement, even between friends, did not grant one party the right to exploit the other's vulnerability or dignity. 

The court also rejected the accused's argument that the woman, being married, was mature enough to understand the consequences of her actions. It stated that attempting to "weaponize" her marital status and professional background to lessen the severity of the allegations was "unacceptable." 

Furthermore, the court ruled that the complainant’s occupation at a massage parlour could not be used to diminish the seriousness of the alleged crimes, particularly when there was no evidence to suggest she was involved in illicit or unlawful activities.

The complainant claimed that she was lured by the accused, who lent her Rs 3.5 lakh to enroll in a course. However, he later began blackmailing her, making sexual demands. By the end of 2023, the accused reportedly came to Delhi, showed her an objectionable video on his cellphone, and forced her to engage in sex for two days while threatening to make the videos public. He allegedly posted the content on social media platforms like Facebook, WhatsApp, and Instagram.