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