Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months 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 bail to a rape accused. The bench was also apprised that the applicant has a criminal history of five cases, including a case under The Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986 and Arms Act, 1959 and thus, considering the gravity of the offence and criminal history of the applicant, he should not be granted bail. Thus, emphasising that a compromise cannot be allowed in this case, even if the applicant was now ready to marry the victim, the Court, considering the gravity of the offence, the role assigned to the applicant, the criminal history of the applicant and severity of punishment, rejected his bail plea.

Marriage Court Victim Applicant Act  reprehensible  history  executed  bail  victim  marriage  act  marry  rape  applicant  hc  sexual  false  court  promise  subsequent  offence  offer

History of this topic

Woman can't claim rape if she was in long-term live-in: Supreme Court
2 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
2 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 …

Marry survivor in 3 months: Allahabad High Court's bail condition to rape accused
Trending News
2 weeks, 2 days ago

Marry survivor in 3 months: Allahabad High Court's bail condition to rape accused

India Today  

During a recent ruling, the Allahabad High Court granted bail to a rape accused on the condition that he marries the victim within three months of his release, Bar and Bench reported. During the ruling, the Allahabad High Court said the state could not bring forth any exceptional circumstances that would warrant bail denial to Meena, Bar and Bench reported. …

Rape cases involving false marriage promises need clear evidence: Delhi HC
2 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
3 weeks, 1 day 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
3 weeks, 4 days 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
3 weeks, 5 days 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
3 weeks, 6 days 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
3 weeks, 6 days 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 …

Need to demarcate rape from consensual relationship gone sour: Delhi high court
Trending News
1 month, 1 week ago

Need to demarcate rape from consensual relationship gone sour: Delhi high court

Hindustan Times  

Granting bail to a man, the Delhi high court on Monday observed that there should be distinction between rape and a consensual relationship going sour. The Delhi high court Justice Neena Bansal Krishna observed that while it was the duty of the legislature and the executive to enact and implement laws for safety and well-being of women in the workforce, …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 2 weeks ago

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court

Live Law  

Denying bail to a man accused of raping a minor girl, the Allahabad High Court has recently observed that in our country, a minor girl, who is a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. A bench of Justice Sanjay Kumar Singh said that the Court must keep in mind while appreciating the evidence of …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 3 weeks ago

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution. The single judge bench comprising …

We must finds ways to tackle live-in relationship to save moral values: Allahabad HC
1 month, 3 weeks ago

We must finds ways to tackle live-in relationship to save moral values: Allahabad HC

The Hindu  

Although live-in relationships have no social sanction, the youths' attraction to it demands there must be devised some framework or solution to save "moral values" of the society, the Allahabad High Court has observed. Justice Nalin Kumar Srivastava made the observation while granting bail to Varanasi-based Akash Keshari, who was booked under various sections of IPC and SC/ST Act for …

We must finds ways to tackle live-in relationship to save moral values: Allahabad HC
Trending News
1 month, 3 weeks ago

We must finds ways to tackle live-in relationship to save moral values: Allahabad HC

Deccan Chronicle  

Although live-in relationships have no social sanction, the youths' attraction to it demands there must be devised some framework or solution to save "moral values" of the society, the Allahabad High Court has observed.Justice Nalin Kumar Srivastava made the observation while granting bail to Varanasi-based Akash Keshari, who was booked under various sections of IPC and SC/ST Act for allegedly …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
1 month, 3 weeks 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 …

Youths Attracted To Live-In Relationships, Need Solution To Save Moral Values: Allahabad HC
1 month, 3 weeks ago

Youths Attracted To Live-In Relationships, Need Solution To Save Moral Values: Allahabad HC

ABP News  

Prayagraj, Jan 24 Although live-in relationships have no social sanction, the youths' attraction to it demands there must be devised some framework or solution to save "moral values" of the society, the Allahabad High Court has observed. Justice Nalin Kumar Srivastava made the observation while granting bail to Varanasi-based Akash Keshari, who was booked under various sections of IPC and …

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
2 months ago

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner

Hindustan Times  

The Lucknow bench of the Allahabad high court has granted bail to an accused in an inter-faith live-in rape case on condition that he marry the prosecutrix under the Special Marriage Act and provide financial security to her and their child. During the proceedings, both parties expressed a willingness to reconcile, leading the court to explore a resolution focused on …

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC
2 months, 1 week ago

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

Live Law  

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while …

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 1 week 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 …

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'
2 months, 1 week ago

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'

Hindustan Times  

New Delhi, A court here has granted anticipatory bail to a man accused of raping a divorced woman on the pretext of marriage, noting that the woman was not prompt in reporting the alleged offence and that the accused’s custodial interrogation was not required. Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time' Additional Sessions …

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution
2 months, 2 weeks ago

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution

Live Law  

The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons. Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a …

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court
2 months, 3 weeks ago

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. It was further submitted that the alleged victim is a major who had earlier denied the allegations in her Section 161 CrPC statement; however, later on, she changed …

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

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
3 months, 2 weeks ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

'Victim Is A Journalist, Prudent Woman': Allahabad High Court Stays Rape Case Proceedings Against Army Naik
3 months, 2 weeks ago

'Victim Is A Journalist, Prudent Woman': Allahabad High Court Stays Rape Case Proceedings Against Army Naik

Live Law  

The Allahabad High Court recently stayed the proceedings in a rape case involving allegations against an Indian Army Naik. The Court noted that the victim, a major and prudent woman who is a journalist, had initially come into contact with the accused through a matrimonial site and subsequently entered into a relationship with him. Thus, noting that the matter required …

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

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

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act
4 months ago

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

Live Law  

The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl and get the same registered after getting her custody. “Having heard the learned counsel for the parties and having perused the material available on record and also hearing the parties who are present in person, …

Criminality can’t be imposed on breakups: SC
4 months 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
4 months 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
4 months, 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 …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week 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 …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

SC to decide on marital rape law despite Centre’s silence
6 months ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

Consent for sex under fear or misconception amounts to rape: Allahabad HC
6 months, 1 week ago

Consent for sex under fear or misconception amounts to rape: Allahabad HC

Hindustan Times  

The Allahabad high court has held if a man develops sexual relationship with a woman with her consent, which was given by her under fear or misconception, such sexual activity would amount to rape. The petition was filed by Raghav Kumar under section 482 of Criminal Procedure Code seeking quashing of the charge-sheet dated December 13, 2018 in case crime …

The curious difference between IPC and BNS on rape
6 months, 1 week 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 …

No spouse expected to remain in marriage at risk of malicious prosecution: HC
6 months, 2 weeks ago

No spouse expected to remain in marriage at risk of malicious prosecution: HC

Hindustan Times  

PRAYAGRAJ: The Allahabad high court, while setting aside the decision of the lower court, has held that no spouse is expected to remain in a marriage under the risk of false criminal prosecution. Allowing a first appeal filed by Basant Kumar Dwivedi, a division bench comprising justice Saumitra Dayal Singh and justice Donadi Ramesh set aside the order dated July …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 months, 2 weeks ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

Delhi court directs police to take action against woman for false rape complaint
7 months, 3 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 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 …

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations
8 months, 2 weeks ago

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations

Live Law  

The Allahabad High Court on Wednesday raised concerns over the misuse of the Protection of Children from Sexual Offences Act, 2012, particularly in consensual romantic relationships between teenagers. A bench of Justice Krishan Pahal added that while dealing with such cases, the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships, and this requires a …

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
8 months, 2 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
8 months, 3 weeks 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 …

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
10 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
10 months, 2 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 …

When woman makes reasoned choice for sexual relations, consent can't be on misconception: Delhi HC
11 months, 2 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 …

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