Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 months, 4 weeks ago

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Live Law  

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown. Consent known to be given under fear or misconception- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or.” The cases of rape under the false pretext of marriage are based on the argument that the consent given by the woman was based on a misconception of fact that the man would marry her. In 2019, the bench of Justice DY Chandrachud and Justice Indira Banerjee in the case of Pramod Suryabhan Pawar v. State of Maharashtra laid down the test to determine when a promise to marry was falsely made to evoke a woman's consent to sexual relations. The false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act." It was observed : “Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a "misconception of fact" that vitiates the woman's "consent".

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History of this topic

Woman can't claim rape if she was in long-term live-in: Supreme Court
3 weeks, 2 days ago

Woman can't claim rape if she was in long-term live-in: Supreme Court

Hindustan Times  

The Supreme Court has ruled that a woman may not be able to accuse a man of forcing sexual relations on her through a promise of marriage if the two were in a long-term live-in relationship. The man can’t be charged for rape if the couple was living together for a long period of time, the top court ruled, saying …

Woman can't claim rape after being in live-in for 16 years: Supreme Court
Trending News
3 weeks, 2 days ago

Woman can't claim rape after being in live-in for 16 years: Supreme Court

India Today  

The Supreme Court has cancelled criminal proceedings against a man, who was accused of sexually assaulting a woman with whom he had a 16-year-long relationship, on the false pretext of marriage. The top court further expressed surprise that the complainant, a highly-qualified individual, endured such decades-long sexual assault without raising any doubt, and only registered the FIR against the accused …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 5 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
1 month ago

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the offence of 'rape on the false promise of marriage' would not stand when the complainant lady was already married and continuing in that marriage at the time. It is true that offering marriage and subjected a lady to sexual intercourse on that promise of marriage would amount to obtaining consent by misconception …

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court
1 month ago

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court

Live Law  

When the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive her to convince her to engage in sexual relations, there is a 'misconception of fact' and the same 'vitiates' the girl's consent, the Bombay High Court held recently while upholding …

‘Failure of love is not a crime’: Odisha HC quashes rape charges against cop, quotes Simone de Beauvoir
1 month ago

‘Failure of love is not a crime’: Odisha HC quashes rape charges against cop, quotes Simone de Beauvoir

Live Mint  

The Odisha High Court has quashed a rape complaint filed by a woman against her partner of nine years. The Odisha HC observed that the relationship not culminating into marriage could be a source of personal grievance, but ‘failure of love is not a crime’. “The law does not extend its protection to every broken promise nor does it impose …

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage
1 month ago

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. To assume otherwise is to deny women the full measure …

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
1 month ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

‘Married woman can’t claim false promise of marriage to allege rape’
1 month ago

‘Married woman can’t claim false promise of marriage to allege rape’

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court has quashed an FIR accusing a 24-year-old man of rape, saying that the complainant cannot claim her consent for a physical relationship was taken on the pretext of marriage if she was already married to another man. ‘Married woman can’t claim false promise of marriage to allege rape’ The accused, who …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
2 months ago

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

Live Law  

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. The court also noted that the victim's statement revealed that the couple's physical relationship was not merely due to the alleged promise to marry and that the couple shared a good …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months, 1 week ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 2 weeks ago

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

Live Law  

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 months, 1 week ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 months, 4 weeks ago

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Live Law  

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown. Consent known to be given under fear or misconception- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of …

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court
4 months ago

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court

Live Law  

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

The curious difference between IPC and BNS on rape
6 months, 2 weeks ago

The curious difference between IPC and BNS on rape

New Indian Express  

Since the definition of rape continues to be largely identical in IPC and BNS, it is not clear how such an offender can still escape the charge in such cases. The phrase “by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her” would have to be interpreted the same way …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months, 1 week ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
8 months, 3 weeks ago

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each …

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC
9 months ago

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC

Live Law  

While setting aside a conviction in a sexual harassment case, the Madras High Court recently observed that when the victim already knew that the accused was a married man and father of a child, she could not allege that the consent was obtained on a false promise of marriage. The court noted that the prosecution had failed to prove that …

When woman makes reasoned choice for sexual relations, consent can't be on misconception: Delhi HC
11 months, 3 weeks ago

When woman makes reasoned choice for sexual relations, consent can't be on misconception: Delhi HC

New Indian Express  

NEW DELHI: When a woman makes a reasoned choice to establish physical relations, consent cannot be said to be based on a misconception unless there is clear evidence of a false promise of marriage, the Delhi High Court has said. “It is pertinent to observe that whenever a woman makes a reasoned choice to establish physical relations after fully understanding …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
1 year, 1 month ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year, 2 months ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

What happens under the proposed new law if you break a promise to marry? | In Focus podcast
1 year, 5 months ago

What happens under the proposed new law if you break a promise to marry? | In Focus podcast

The Hindu  

October 09, 2023 04:13 pm | Updated 04:13 pm IST The proposed Bharatiya Nyaya Sanhita or BNS, may soon replace the Indian Penal Code or IPC, a piece of legislation that has dealt with crimes and their punishments since 1860. Clause 69 says that if a man promises to marry a woman, but does not actually intend to marry her, …

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained
1 year, 6 months ago

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained

The Hindu  

The story so far: If a man promises to marry a woman but never intends to, and still has ‘consensual’ sex with her, it will amount to a criminal offence under Section 69 of the proposed Bharatiya Nyaya Sanhita, 2023. Chapter 5 of the Bill, titled “Offences against woman and children” describes ‘sexual intercourse by employing deceitful means etc.’, as …

For First Time, Marrying A Woman After Concealing Identity to be Crime Under Proposed Law: Amit Shah
1 year, 7 months ago

For First Time, Marrying A Woman After Concealing Identity to be Crime Under Proposed Law: Amit Shah

News 18  

Marrying a woman by concealing identity or having intercourse under the false promise of marriage, promotion, and employment will be treated as a crime for the first time under the proposed law that will replace the colonial-era Indian Penal Code, Home Minister Amit Shah said on Friday. The bill, which will now be examined by a Standing Committee, states: “Whoever, …

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court
1 year, 8 months ago

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has recently quashed pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage. While disapproving the continuance of such case, the Single Bench of Justice Sharad Kumar Sharma observed, “In fact, the offence under Section 376 of the IPC as of now in this …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 8 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage is broken: Orissa High Court

India TV News  

Orissa High Court on Friday asserted that a consensual physical relationship cannot be considered rape if the promise of marriage could not be materialised for some reasons. “In the former case, for any such sexual intimacy, an offence under Section 376 IPC is not made out, whereas, in the latter, it is, since the same is based on the premise …

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 11 months ago

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC

Live Law  

The Calcutta High Court recently set aside trial court's decision to convict under Section 417 of IPC a man accused of inducing a woman to have sexual relation with him on the promise to marry her after the dissolution of his previous marriage. According to prosecution case, the victim had agreed to live together with the appellant as there was …

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court
1 year, 11 months ago

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

Live Law  

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years. Justice Bharati Dangre set aside the trial court’s order refusing to discharge …

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case
2 years ago

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case

Live Law  

The Madhya Pradesh High Court at Gwalior quashing a rape case observed that a mere breach of promise to marry cannot be said to be a false promise to marry. Justice Deepak Kumar Agarwal observed that only a false promise to marry made with the intention to deceive a woman would vitiate the woman's consent being obtained under the misconception …

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
2 years ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry
2 years ago

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry

Live Law  

The Jammu and Kashmir and Ladakh High Court recently quashed a rape FIR, observing that a proposal made by the accused to prosecutrix for live-In relationship, so as to ascertain how their relationship will work, does not tantamount to false promise to marry. The bench comprising Justice Sanjay Dhar observed, "He proposed to have live-in-relationship with her, meaning thereby that …

Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment
2 years, 1 month ago

Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment

Live Law  

The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain …

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
2 years, 2 months ago

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case

Live Law  

The Kerala High Court on Tuesday quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.The accused and the complainant had worked together in the Malayalam Serial, 'Akashadooth'. The Kerala High Court on Tuesday quashed rape case against …

Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC
2 years, 4 months ago

Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC

India Today  

The Kerala High Court on Thursday said that refusal to marry an already married woman after engaging in a physical relationship cannot be treated as rape. READ | Patriarchal, sexist: Supreme Court comes down heavily on 2-finger rape test "It is settled that, if a man retracts his promise to marry a woman, consensual sex they had would not constitute …

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 4 months ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

Consensual sex on genuine promise of marriage not rape: Supreme Court
2 years, 7 months ago

Consensual sex on genuine promise of marriage not rape: Supreme Court

The Hindu  

The Supreme Court has held that it is not rape if consensual physical relationship was based on a genuine promise of marriage which could not be fulfilled. A Bench led by Justice Sanjay Kishan Kaul highlighted the distinction between "a false promise to marriage which is given on understanding by the maker that it will be broken and a breach …

Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case
2 years, 7 months ago

Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case

Live Law  

While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good faith but subsequently not fulfilled.The court noted that, in this case, both parties were admittedly in a consensual relationship from 2009 to 2011. While quashing a rape case, the Supreme …

Not Rape If Sexual Relationship Between Willing Partners Doesn’t End In Marriage: Kerala HC
2 years, 8 months ago

Not Rape If Sexual Relationship Between Willing Partners Doesn’t End In Marriage: Kerala HC

News 18  

Even if a sexual relationship between two willing partners does not culminate in marriage, it will still not amount to rape, in the absence of any factor that vitiates the consent for sex, said the Kerala high court while granting bail to Navaneeth N Nath, a Central Government Counsel. The court observed: “A sexual relationship between two willing adult partners …

Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala High Court
2 years, 8 months ago

Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala High Court

Live Law  

While granting bail to a Central Government Counsel in a sexual assault case, the Kerala High Court held that a subsequent refusal to marry or a failure to lead the relationship into a marriage is not sufficient to constitute the offence of rape even if the partners had indulged in a physical relationship.Justice Bechu Kurian Thomas observed that a sexual …

‘Rape is rape’: Karnataka high court declines to drop marital rape case against man
3 years ago

‘Rape is rape’: Karnataka high court declines to drop marital rape case against man

Hindustan Times  

BENGALURU: The Karnataka high court on Wednesday refused to drop rape charges framed by a trial court against a man for his wife’s sexual assault, ruling that the marriage doesn’t confer any special male privilege or a license for unleashing a “brutal beast” on the wife. The Karnataka high court said the exclusion of marital rape from the IPC provision …

Rape On False Promise To Marry- Married, Educated Woman Supposed To Be Well Aware Of Consequences Of Sexual Intercourse Prior To Marriage: Rajasthan HC
3 years, 1 month ago

Rape On False Promise To Marry- Married, Educated Woman Supposed To Be Well Aware Of Consequences Of Sexual Intercourse Prior To Marriage: Rajasthan HC

Live Law  

In a case pertaining to rape on account of false promise to marriage, the Rajasthan High Court, Jaipur observed that married educated women, depending upon the facts of each case, is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage. There must be some material on record to …

Marital rape | Process on to amend criminal laws: Government
3 years, 1 month ago

Marital rape | Process on to amend criminal laws: Government

The Hindu  

The government has started the process of comprehensive amendments to criminal laws, Minister for Women and Child Development Smriti Irani told Parliament on Wednesday in response to a question on marital rape, but warned against condemning every man as a rapist and every marriage as a violent one. "The Government of India has initiated the process for comprehensive amendments to …

Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court
3 years, 3 months ago

Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court

Live Law  

Mere refusal to marry a woman after a long relationship would not constitute the offence of 'cheating' under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for sex, the Bombay High Court held. Justice Anuja Prabhudessai observed that in the instance case the couple had indulged in sexual relations …

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry
3 years, 6 months ago

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law  

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case …

Can't Use 'Astrological Incompatibility' To Avoid Rape Charges On False Promise Of Marriage – Bombay High Court
3 years, 6 months ago

Can't Use 'Astrological Incompatibility' To Avoid Rape Charges On False Promise Of Marriage – Bombay High Court

Live Law  

The Bombay High Court refused to discharge a 32-year-old man accused of 'rape on false promise of marriage' and cheating, rejecting his claims of 'astrological incompatibility' as valid reason for refusing the marriage. "Thus, I am convinced.it is a case of false promise to marry which apparently vitiates the complainant's consent", the judge noted. The accused booked for rape and …

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