Cheating By Violation Of Promise to Marry: Plea In SC To Make Section 420 IPC Gender Neutral
5 years, 6 months ago

Cheating By Violation Of Promise to Marry: Plea In SC To Make Section 420 IPC Gender Neutral

Live Law  

A peculiar special leave petition has been filed before the Supreme court by one Nagaraju K who has sought answers on a few substantial questions of law. Whether the offence defined under section 420 of Indian Penal Code is gender neutral? The above questions have been asked by the petitioner challenging an order of Karnataka High Court quashing an FIR filed by him in 2016 against a woman. An FIR under Sections 420 and 506 of Indian Penal Code and also under section 3 of SC and ST Act, 1989 was registered against the woman after Nagaraju's complaint.

Gender Indian Penal Code Fir Woman Petition Petitioner Nagaraju  petitioner  gender  court  neutral  woman  petition  plea  sex  marry  sc  ipc  filed  marriage  420  violation  questions  promise  respondent  cheating

History of this topic

In-Laws Who Tortured Daughter-In-Law Cannot Walk Away Scot-Free Even If Charge For Demanding Dowry Is Dropped In Chargesheet: Karnataka HC
2 weeks, 1 day ago

In-Laws Who Tortured Daughter-In-Law Cannot Walk Away Scot-Free Even If Charge For Demanding Dowry Is Dropped In Chargesheet: Karnataka HC

Live Law  

The Karnataka High Court has refused to quash a criminal case against the in-laws of a woman who had tortured her. This being the observation in the summary of the charge sheet, merely because the offences under the Dowry Prohibition Act is dropped, it would not mean that mother-in-law and father-in-law, who have tortured the daughter-in-law, could walk away scot-free.” …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 4 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 …

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 …

'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 …

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
1 month, 2 weeks ago

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court on Monday held that a husband cannot be prosecuted for commission of the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code for having any sexual intercourse, including every unnatural sex, with his major wife even without her consent. Holding 'consent' of wife in sexual intercourse/unnatural intercourse to …

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR
1 month, 3 weeks ago

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR

Live Law  

While refusing to quash an FIR under Section 376 IPC for false promise of marriage, the Delhi High Court observed that the nature of the relationship between the parties is a crucial factor in determining whether there was any promise of marriage and whether the consent was vitiated by a misconception of fact. Justice Chandra Dhari Singh was considering the …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 4 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 …

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage
2 months ago

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage

Live Mint  

The Supreme Court has asked a man to pay ₹three lakh in compensation to his bride, whom he harassed for dowry, following a 19-year legal battle, reported Times of India. Incidentally, the couple's marriage ended within just three days after the groom demanded dowry, which led to his conviction and an eventful jail time, added the report. According to the …

'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 …

Ludhiana: Man, parents booked for dowry harassment
2 months, 1 week ago

Ludhiana: Man, parents booked for dowry harassment

Hindustan Times  

A man and his parents have been booked on charges of dowry harassment and causing multiple miscarriages without the consent of his wife. An FIR has been registered under Sections 3 and 4 of the Dowry Prohibition Act, 1961, along with Sections 120B, 313, 376, 498A, and 506 of the IPC. The case, initially registered at Khanpur police station in …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
3 months ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

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 …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

[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, 2 weeks 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, 3 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 …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
4 months, 2 weeks ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

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 …

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, 1 week 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 …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week 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 …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases
7 months, 4 weeks ago

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases

Hindustan Times  

On July 15, a division bench of the Supreme Court pronounced an interesting judgment, coming down heavily on a couple for committing bigamy and sentencing a woman and her second husband to six months in jail each. While enhancing the punishment imposed by the Madras High Court, the apex court went on to chastise the High Court’s sentence of ‘imprisonment …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
8 months, 1 week ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

'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 …

SC to hear pleas challenging marital rape exception in new criminal law on July 18
8 months, 1 week ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

Why a breakup could land men in jail for 10 years? Section 69 of Bharatiya Nyaya Sanhita explained
8 months, 3 weeks ago

Why a breakup could land men in jail for 10 years? Section 69 of Bharatiya Nyaya Sanhita explained

Hindustan Times  

With the newly enacted Bharatiya Nyaya Sanhita that replaces the British-era Indian Penal Code, a man breaking up with his partner by “deceitful means or by promising her marriage without fulfilling the same” and have sexual intercourse with her could land him in a “10-year jail term.” The Bharata Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya …

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 …

Prajwal Revanna sexual assault | Karnataka HC grants anticipatory bail to Bhavani Revanna
9 months, 1 week ago

Prajwal Revanna sexual assault | Karnataka HC grants anticipatory bail to Bhavani Revanna

The Hindu  

In a relief to Bhavani Revanna, mother of rape-accused Prajwal Revanna, former MP, the High Court of Karnataka granted regular anticipatory bail in the case of alleged abduction of one of the victims of her son’s sexual assaults. On the argument of the Special Public Prosecutor of the Special Investigation Team that the SIT needs Ms. Bhavani for custodial interrogation …

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
10 months, 3 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, 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 …

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer
10 months, 3 weeks ago

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer

News 18  

The Supreme Court on Thursday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. A bench of justices C T Ravikumar and S V N Bhatti dismissed the plea of the official’s wife Seema Rani and said it was not inclined to interfere with …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
1 year ago

Delhi court initiates woman’s trial for perjury for levelling false rape charges

Hindustan Times  

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury. “.this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken.,” said additional sessions judge Jagmohan Singh …

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court
1 year, 1 month ago

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court

Live Law  

The Supreme Court held that mere non-performance of marriage by the accused at the booked marriage hall doesn't amount to committing an offence of cheating punishable under Section 417 IPC.“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. The Supreme Court held that mere non-performance of marriage by the …

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 …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
1 year, 2 months ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months 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 …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 4 months 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 …

'Relationship out of her own sweet will': Delhi HC grants bail to student accused of raping professor
1 year, 4 months ago

'Relationship out of her own sweet will': Delhi HC grants bail to student accused of raping professor

India TV News  

'Relationship out of her own sweet will': Delhi HC grants bail to student accused of raping professor The woman professor said she met the accused in February 2022, and in May 2022, while on an official trip to Manali, they got married in a small temple and he promised to legally marry her in future. The Delhi High Court on …

Husband booked for faking himself as IT engineer
1 year, 4 months ago

Husband booked for faking himself as IT engineer

Hindustan Times  

The Uttam Nagar Police have lodged a case against a husband for faking himself as an IT professional to get married. After learning that he was a security guard who cheated on her, the wife filed an FIR. According to PSI Anuse of the Uttam Nagar police station, the victim filed an FIR under IPC section 498 A on Saturday. …

Telangana HC frees student in sex case, but must pay maintenance
1 year, 4 months ago

Telangana HC frees student in sex case, but must pay maintenance

Deccan Chronicle  

Hyderabad: Justice N. Rajeshwar Rao of the Telangana High Court set aside the conviction of a student in a case of cheating for sex. Based on the girl’s complaint, the Judicial First-Class Magistrate of Adilabad and the Additional Sessions Judge convicted the student and sentenced him to simple imprisonment of two years and a fine of Rs 2,000. In the …

Legal Acumen | Parliamentary panel’s draft proposal to make adultery a crime contradicts landmark Supreme Court judgment
1 year, 5 months ago

Legal Acumen | Parliamentary panel’s draft proposal to make adultery a crime contradicts landmark Supreme Court judgment

The Hindu  

Published : Oct 28, 2023 14:40 IST - 5 MINS READ In what appears to be a retrograde move, the draft report of the Parliamentary Standing Committee on Home Affairs, examining the three Bills which are set to replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, has reportedly recommended the restoration of adultery as …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 6 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, 6 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 …

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
1 year, 6 months ago

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law

Live Law  

The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law. Taking into account the accusations outlined in the FIR, which were being substantiated by the …

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 …

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