Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 days, 3 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 376 and 420 IPC Justice Javed Iqbal Wani observed, “. whether consent given by the prosecutrix to sexual intercourse is voluntary or whether it is given under misconception of fact depends on the facts of each case and in considering the question of consent, the Court is bound to consider the evidence before it and the surrounding circumstances before reaching a conclusion… Thus, under these circumstances, at the threshold stage, it cannot be decided by this Court, in exercise of inherent power, as to whether the consent was given voluntarily” These observations came in a case originating from allegations by Shamo Devi, who accused Sat Paul of exploiting her trust and emotions. Citing Deepak Gulati v. State of Haryana, which differentiates between a mere breach of promise and a false promise made with fraudulent intent the Court held that the petitioner's conduct aligned with the latter, as the evidence suggested that he had no genuine intention of marrying the complainant. Observing that the allegations in the FIR disclosed cognizable offences warranting a full investigation and trial Justice Wani stressed that the High Court's inherent powers under Section 482 CrPC must be exercised sparingly and only in exceptional cases.

Court Rape Ipc Fir Promise Petitioner Wani Justice Wani False Promise Sat Paul Consent Obtained  high  fir  misconceived  ipc  false  jk  court  relationship  rape  promise  justice  petitioner  consent  obtained  wani  marriage

History of this topic

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

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 weeks, 2 days 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 weeks, 2 days 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 weeks, 5 days 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 …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
3 weeks, 5 days ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

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

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
2 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
3 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 …

SC to decide on marital rape law despite Centre’s silence
3 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 …

SC says it will consider listing pleas challenging marital rape exception soon
3 months ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

Consent for sex under fear or misconception amounts to rape: Allahabad HC
3 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
3 months, 2 weeks 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 …

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

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 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 …

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

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
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

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
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, 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 …

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 …

When woman makes reasoned choice for sexual relations, consent can't be on misconception: Delhi HC
8 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 …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
9 months, 2 weeks 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 …

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 …

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 …

What happens under the proposed new law if you break a promise to marry? | In Focus podcast
1 year, 2 months ago

What happens under the proposed new law if you break a promise to marry? | In Focus podcast

The Hindu  

October 09, 2023 04:13 pm | Updated 04:13 pm IST The proposed Bharatiya Nyaya Sanhita or BNS, may soon replace the Indian Penal Code or IPC, a piece of legislation that has dealt with crimes and their punishments since 1860. Clause 69 says that if a man promises to marry a woman, but does not actually intend to marry her, …

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 …

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR
1 year, 3 months ago

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR

Live Law  

The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person. The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based …

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
1 year, 3 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, 3 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 …

Controlling women’s sexual autonomy
1 year, 3 months ago

Controlling women’s sexual autonomy

The Hindu  

The Bharatiya Nyaya Sanhita, 2023, through Clause 69, proposes to criminalise sex which is based on the promise to marry when there was no intention of fulfilling the same. While the clause also covers “deceit”-based sex beyond the promise to marry, the focus here is on cases where there is a promise to marry. Invisibilising consent Criminalising sex based on …

'Woman has right to say 'no' for sex to husband': Ex-SC Justice Deepak Gupta
1 year, 4 months ago

'Woman has right to say 'no' for sex to husband': Ex-SC Justice Deepak Gupta

Firstpost  

As per Section 375 of the Indian Penal Code, rape includes all forms of sexual assault involving non-consensual intercourse with a woman “Women have the right to say ’no’ to sex with their husbands,” said former Supreme Court judge Justice Deepak Gupta as he shared his views on marital rape in the backdrop of Right to Privacy. Spelling out his …

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 …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

For First Time, Marrying A Woman After Concealing Identity to be Crime Under Proposed Law: Amit Shah
1 year, 4 months ago

For First Time, Marrying A Woman After Concealing Identity to be Crime Under Proposed Law: Amit Shah

News 18  

Marrying a woman by concealing identity or having intercourse under the false promise of marriage, promotion, and employment will be treated as a crime for the first time under the proposed law that will replace the colonial-era Indian Penal Code, Home Minister Amit Shah said on Friday. The bill, which will now be examined by a Standing Committee, states: “Whoever, …

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges
1 year, 4 months ago

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges

Firstpost  

Justice Nagaprasanna reasoned that given the extensive duration of the sexual relationship spanning six years, it cannot be construed as rape under Section 376 of the Indian Penal Code In a case shedding light on the misuse of laws, the Karnataka High Court has dismissed two criminal cases against a man from Bengaluru. The cases were brought by a woman …

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court
1 year, 5 months ago

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has recently quashed pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage. While disapproving the continuance of such case, the Single Bench of Justice Sharad Kumar Sharma observed, “In fact, the offence under Section 376 of the IPC as of now in this …

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 …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 5 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

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 broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

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 …

S. 375 IPC| '2013 Amendment Increasing Consent Age To 18 Years Has Disturbed Society's Fabric': MP HC Asks UOI To Consider Lowering It Back To 16
1 year, 5 months ago

S. 375 IPC| '2013 Amendment Increasing Consent Age To 18 Years Has Disturbed Society's Fabric': MP HC Asks UOI To Consider Lowering It Back To 16

Live Law  

On Tuesday, the Madhya Pradesh High Court requested the Government of India to consider reducing the age of consent from 18 to 16 in rape cases to redress the injustice being caused to adolescent boys.The bench of Justice Deepak Kumar Agarwal made this appeal to the Central Govt as it opined that due to social media awareness and easy accessibility. …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 6 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

Discover Related