Karnataka Court Quashes Charges Against Kodagu Homestay Owner in Rape Case

The Karnataka High Court has set aside charges against a Kodagu homestay owner accused in connection with the rape of a US national, finding that the prosecution was based on provisions of an obsolete law. The case centered on charges filed under the Foreigners Act, 1946, which was entirely repealed on September 1, 2025. In its ruling, the court observed that "criminality cannot be conjured out of a statutory provision which had ceased to exist," effectively invalidating the legal foundation of the prosecution. The repeal of the Foreigners Act marked a significant shift in India's legal framework governing foreign nationals, with the law being superseded by new legislation. The court's decision underscores the principle that individuals cannot face criminal prosecution under laws that have been formally abolished, even for alleged offenses that occurred before the repeal date. The judgment is likely to have implications for other pending cases that relied solely on provisions of the repealed Foreigners Act.