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

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

History of this topic

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 days, 6 hours ago
Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 weeks, 2 days ago
Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court
3 weeks, 5 days ago
Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
1 month, 1 week ago
The curious difference between IPC and BNS on rape
3 months, 2 weeks ago
'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
5 months ago
Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
5 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
5 months, 3 weeks ago
When woman makes reasoned choice for sexual relations, consent can't be on misconception: Delhi HC
8 months, 2 weeks ago
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
No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
11 months, 2 weeks ago
What happens under the proposed new law if you break a promise to marry? | In Focus podcast
1 year, 2 months ago
How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained
1 year, 3 months ago
For First Time, Marrying A Woman After Concealing Identity to be Crime Under Proposed Law: Amit Shah
1 year, 4 months ago
“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court
1 year, 5 months ago
'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 5 months ago
Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 5 months ago
Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 5 months ago
Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 7 months ago
[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court
1 year, 8 months ago
Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case
1 year, 8 months ago
Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
1 year, 9 months ago
Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry
1 year, 9 months ago
Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment
1 year, 10 months ago
'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
1 year, 11 months ago
Refusal to marry a married woman after consensual sex no ground for rape: Kerala HC
2 years ago
'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 1 month ago
Consensual sex on genuine promise of marriage not rape: Supreme Court
2 years, 4 months ago
Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case
2 years, 4 months ago
Not Rape If Sexual Relationship Between Willing Partners Doesn’t End In Marriage: Kerala HC
2 years, 5 months ago
Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala High Court
2 years, 5 months ago
Rape On False Promise To Marry- Married, Educated Woman Supposed To Be Well Aware Of Consequences Of Sexual Intercourse Prior To Marriage: Rajasthan HC
2 years, 9 months ago
Marital rape | Process on to amend criminal laws: Government
2 years, 10 months ago
Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court
3 years ago
'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
Can't Use 'Astrological Incompatibility' To Avoid Rape Charges On False Promise Of Marriage – Bombay High Court
3 years, 3 months ago
Sex On False Promise- 'Putting Vermillion On Victim's Forehead Shows Man's Intention To Marry': Allahabad HC Refuses To Quash FIR U/S 376 IPC
3 years, 3 months ago
Marital rape: an indignity to women
3 years, 3 months ago
Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC
3 years, 3 months ago
A Promise To Marry, Consent, And Rape – Examining The Jurisprudence
3 years, 8 months ago
Need Amendment To Define What Constitutes Sexual Intercourse On False Promise To Marry: Orissa High Court
3 years, 8 months ago
No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape Case
3 years, 9 months ago
False marriage promise wrong, but if couple living together, can intercourse be termed rape, asks CJI
3 years, 9 months ago
Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court
4 years ago
Sex on Pretext of Marriage Not Always Rape: Delhi High Court Acquits Man of Charges
4 years ago
Long-term sexual relation based on promise of marriage can’t be involuntary, says Delhi HC
4 years ago

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