If Minor and Accused are Married, Physical Relationship Between Them will be Presumed: HC
1 year, 7 months ago

If Minor and Accused are Married, Physical Relationship Between Them will be Presumed: HC

News 18  

The Allahabad High Court on Wednesday observed that “if there is a statement of a minor victim that either she and the accused have solemnised marriage or stayed as husband and wife, then there will be a presumption that during their stay together they had physical relationship except where the victim specifically denies so”. The court held that in cases where the minor victim, in her statements recorded under Sections 161 and 164 of CrPC, that the fact of her marriage with the accused or their living arrangements as husband and wife but conspicuously keeps silent on the issue of physical relationship, it would be presumed that she and the accused had a normal relationship as husband and wife which also includes a physical relationship. After hearing in detail the arguments put forth by the counsel for the rival parties as well as the Amicus Curiae, the high court answered the said question as follows: The court also said the IO is under obligation to conduct a fair investigation and for that he has to follow the procedure prescribed under the statutes, however, he has the liberty to record statements of witnesses more than one time to unearth the truth. Medical evidence may be a factor to take a contrary view to the statement of the victim recorded under Sections 161 and 164 of CrPC by the IO, however, the IO has to record specific reasons in the final report/ charge sheet for such opinion/ view, court stressed.

Relationship Court Victim Statement Accused Minor Crpc Physical Relationship  victim  court  presumed  minor  io  statement  accused  view  hc  relationship  married  wife  physical  recorded

History of this topic

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 days, 20 hours 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 …

Supreme Court flags 'worrying trend' of rape cases after relationships turn sour
4 weeks ago

Supreme Court flags 'worrying trend' of rape cases after relationships turn sour

India Today  

The Supreme Court on Tuesday raised concerns over what it said was a "worrying trend" of rape cases being filed after consensual relationships turn "sour". The court said that a prolonged physical relationship between couples without protest or demands for marriage by the female partner indicated a consensual relationship rather than one based on a false pretext of marriage. "It …

Criminality can’t be imposed on breakups: SC
1 month ago

Criminality can’t be imposed on breakups: SC

Hindustan Times  

The breakup of a consensual relationship cannot be transformed into a criminal case, the Supreme Court held on Wednesday, adding that such cases, where no ingredients of criminality are established, amount to an abuse of the legal process. “It is inconceivable that the complainant would continue to meet the appellant or maintain a prolonged association or physical relationship with him …

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
1 month ago

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Live Law  

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. “A review of the …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 1 week ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

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

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
7 months, 2 weeks ago

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage

CNN  

CNN — An Indian judge has dismissed a woman’s complaint that her husband committed “unnatural sex,” because under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. According to the Madhya Pradesh High Court order, the woman told police her husband came to her house in 2019, soon after they were married, …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
7 months, 3 weeks ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
7 months, 3 weeks ago

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court

Live Law  

Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. However, as per Exception 2 to Section 375 IPC, sexual intercourse between …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
9 months, 3 weeks ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
10 months, 3 weeks 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
11 months, 2 weeks 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 …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
1 year ago

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC

Hindustan Times  

While acquitting a man of the charges under section 377 of the Indian Penal Code for allegedly committing an “unnatural offence” against his wife, the Allahabad high court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more. While partly allowing a revision petition filed by …

Can women be accused of rape? Supreme Court to examine
1 year ago

Can women be accused of rape? Supreme Court to examine

India Today  

The Supreme Court on Friday agreed to examine whether women can be accused of rape under Section 375 of the Indian Penal Code. Currently, the law in question begins with “A man is said to commit ‘rape’â€æ” and subsequently outlines various conditions under which a man can be accused of rape by a woman. While hearing a plea by a …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 1 month ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Case of rape does not arise when there is consent, says court
1 year, 2 months ago

Case of rape does not arise when there is consent, says court

Deccan Chronicle  

Hyderabad: A Sangareddy district court, disposing of a rape case reported to the RC Puram police in 2015, said that the question of rape does not arise when the physical relation between the prosecutrix and the accused is made with consent. The court, while acquitting the accused, a techie, and his parents, said that prosecutrix, then aged 32 and holding …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 3 months ago

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court

The Hindu  

September 23, 2023 11:24 am | Updated 11:24 am IST - NEW DELHI : The Delhi High Court has recently held that a live-in relationship between two consenting adults, married to different partners, may be considered undesirable by a section of society but it is not a criminal offence. Similarly, immorality cannot be punished by law unless provided by a …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 3 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 5 months ago

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC

News 18  

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. “We have to resolve the matters concerning marital rape,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 5 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 5 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 …

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court
1 year, 5 months ago

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court

Live Law  

The Delhi High Court has said that a disturbing pattern is emerging where in certain instances, the accused marries the rape victim to evade criminal charges and promptly abandons her once the FIR is quashed or bail is secured. "Shockingly, numerous cases have come to light where the accused deceitfully enters into a marriage under the guise of willingness, particularly …

Uttar Pradesh: 13 booked for minor girl marriage with 35-year-old man in Pilibhit
1 year, 6 months ago

Uttar Pradesh: 13 booked for minor girl marriage with 35-year-old man in Pilibhit

India TV News  

Uttar Pradesh news: Thirteen people have been booked by the police for allegedly getting a 15-year-old girl married to a 35-year-old man, said police today. The father of the minor, who filed the complaint at the Puranpur Kotwali police station, alleged that a woman living in his neighbourhood conspired to get his daughter married to the accused man by taking …

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman
1 year, 7 months ago

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman

News 18  

The Bombay High Court has discharged a senior citizen from a 2015 rape case registered against him by a 61-year-old woman, noting that they were in a consensual relationship and the physical relations were not forced. The complainant in an FIR registered with the Pune police in 2015 had alleged that the man had forced physical relations with her on …

Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC
1 year, 7 months ago

Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC

Live Law  

In a significant ruling, the Allahabad High Court has held that unless a minor victim denies explicitly the existence of physical relation, it can be presumed that the victim and accused, who lived as husband-wife or that they solemnised marriage, had established physical relation.The Bench of Justice Saurabh Shyam Shamshery further held in those cases where the existence of a. …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Sexual assault of wife can take form of rape: Supreme Court
2 years, 2 months ago

Sexual assault of wife can take form of rape: Supreme Court

The Hindu  

Sexual assault by a man of his wife can take the form of rape, the Supreme Court said in a significant judicial recognition of ‘marital rape’ on September 29. But the court also dealt with how married women, like single women, were exposed to sexual assault within the family and suffer forced pregnancies. Justice Chandrachud, who authored the judgment, said …

Not Rape If Sexual Relationship Between Willing Partners Doesn’t End In Marriage: Kerala HC
2 years, 5 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 …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 7 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge
2 years, 7 months ago

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge

Firstpost  

The right to withdraw consent at any given point in time forms the core of the woman’s right to life and liberty which encompasses her right to protect her physical and mental being, says Justice Shakdher New Delhi: Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this …

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher
2 years, 7 months ago

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher

News 18  

Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this immunity under the Indian Penal Code is "egregiously problematic" as it emasculates the woman's right to trigger prosecution against her husband for non-consensual intercourse. Justice Rajiv Shakdher, who headed the division bench which delivered the split verdict on …

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl
2 years, 7 months ago

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl

Live Law  

The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words …

Brutal act of sexual assault on wife by husband has to be termed rape: HC
2 years, 9 months ago

Brutal act of sexual assault on wife by husband has to be termed rape: HC

The Hindu  

A woman and man being equal under the Constitution of India cannot be made unequal through the exception to a husband from facing rape charge for forcing his wife to sexual acts sans her consent, the High Court of Karnataka observed on Wednesday. “A brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot …

Rape is Rape, Be it by Man or Husband, Karnataka HC Says Marriage Not License to Unleash ‘Brutal Beast’
2 years, 9 months ago

Rape is Rape, Be it by Man or Husband, Karnataka HC Says Marriage Not License to Unleash ‘Brutal Beast’

News 18  

In a significant judgment on the contentious issue of marital rape, the Karnataka High Court on Wednesday refused to quash rape charges filed against a man accused of sexually assaulting his wife. The high court said the “brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot but be termed to be a rape”. …

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl
2 years, 10 months ago

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl

Live Law  

The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been …

Marital rape | Process on to amend criminal laws: Government
2 years, 10 months 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 …

Not enough evidence: Mumbai court acquits 37-year-old held for raping minor
3 years, 2 months ago

Not enough evidence: Mumbai court acquits 37-year-old held for raping minor

India Today  

A Mumbai sessions court acquitted a 37-year-old man from Mahim who was behind bars for rape and assault on a minor. The court said that the victim's mother’s deposition The court observed, “As per victim"s statement, it appears that the rape occurred during day time, then the question arises as to how she was present in the house when she …

'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, 3 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 …

Marital rape: an indignity to women
3 years, 3 months ago

Marital rape: an indignity to women

The Hindu  

The High Court of Chhattisgarh recently decided a criminal revision petition challenging the charges framed against the applicant husband. The marital rape exception betrays a similar patriarchal belief: that upon marriage, a wife’s right to personal and sexual autonomy, bodily integrity and human dignity are surrendered. A commonly cited rationale for preserving the marital rape exemption is that recognising marital …

'Forced sex with wife does not amount to rape': Chhattisgarh HC
3 years, 3 months ago

'Forced sex with wife does not amount to rape': Chhattisgarh HC

India TV News  

The Chhattisgarh High Court has discharged a 37-year-old man in a rape case filed against him by his wife after observing that sexual intercourse or any sexual act with a legally wedded wife is not rape even if done by force or against her wish. “Counsel for the applicants submits that the complainant and the applicant No.1 are legally wedded …

Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC
3 years, 3 months ago

Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC

News 18  

The Chhattisgarh High Court on Thursday acquitted a man of marital rape and ruled that sexual intercourse between legally wedded man and woman is not rape even if it is by force or against the wishes of the wife. The Chhattisgarh High Court held that “sexual intercourse or sexual act by a man with his wife, the wife not being …

'Sex with wife, even if by force, not rape': Chhattisgarh High Court
3 years, 3 months ago

'Sex with wife, even if by force, not rape': Chhattisgarh High Court

Op India  

The Chhattisgarh High Court has upheld a man’s acquittal on charges of marital rape, ruling that sexual intercourse between legally married men and women is not rape, even if it is forced or against the wife’s wishes. During the hearing of the case pertaining to the issue of “marital rape”, the Chhattisgarh High Court observed that if the wife is …

Marital rape good ground to claim divorce, rules Kerala HC; says time has come to revamp marriage law
3 years, 4 months ago

Marital rape good ground to claim divorce, rules Kerala HC; says time has come to revamp marriage law

India TV News  

Treating a wife's body as something owing to the husband and committing a sexual act against her will is marital rape, the Kerala High Court has said. "Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognising the same as a form of cruelty to grant a …

'Defence Of Consensual Physical Relations Probable' : Bombay High Court Acquits Man Convicted For Rape
3 years, 10 months ago

'Defence Of Consensual Physical Relations Probable' : Bombay High Court Acquits Man Convicted For Rape

Live Law  

The Bombay High Court bench has set aside the conviction of a man for rape after observing that the testimony of the prosecutrix did not inspire confidence and that the defence of consensual physical relationship was probable. The High Court observed that the testimony of the prosecutrix did not "inspire confidence" and was against "normal human conduct". The Special Court …

Breach Of Promise To Marry Amounts To Rape? Question To Be Considered Is If Accused Actually Wanted To Marry Or Made A False Promise Only To Satisfy His Lust : Kerala HC
4 years, 5 months ago

Breach Of Promise To Marry Amounts To Rape? Question To Be Considered Is If Accused Actually Wanted To Marry Or Made A False Promise Only To Satisfy His Lust : Kerala HC

Live Law  

The Kerala High Court, while considering a bail application seeking pre arrest bail for the offences under Sec 376 and 506 IPC, observed that every case of breach of promise to marry will not amount to rape.Justice Raja Vijayaraghavan through his judgment observed that, "The question to be considered in such cases is whether the accused had actually wanted to …

Landmark Judgment on Marital Rape: A Critical Analysis of Exception 2 to Section 375 of IPC
7 years, 1 month ago

Landmark Judgment on Marital Rape: A Critical Analysis of Exception 2 to Section 375 of IPC

Live Law  

The Supreme Court of India has delivered a landmark judgment in the case of “Independent Thought Vs. Union of India (W.P. (c) No. 382 of 2013)” on the 11th of October, 2017, whereby it read down Exception 2 to Section 375 of the Indian Penal Code, 1860 to be meaningfully read as “Sexual intercourse or sexual acts by a man …

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