'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

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law  

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case and the acknowledgment of the 2 nd respondent about the physical relationship between them would not constitute the offence under Section 376 IPC", Background In the instant case, both the complainant as well as the accused are practising Advocates in Madras High Court and other courts around Chennai. No doubt, this Court has to be cautious in quashing the FIR more so when the case is at the stage of investigation" The Court then proceeded to rule that an offence of rape under Section 376 IPC is not made out because of the following grounds, i) Complainant is a well-educated woman of 36 years and she is an Advocate ii) The complainant was married to her husband during the subsistence of her relationship with the accused. The facts of the case and the acknowledgment of the 2 nd respondent about the physical relationship between them would not constitute the offence under Section 376 IPC", the Court further ruled.

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History of this topic

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
16 hours, 14 minutes 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
2 days, 12 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 …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
1 week, 3 days 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
1 week, 3 days 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, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR
1 week, 3 days ago

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR

Live Law  

While quashing a rape and dowry FIR against a husband and his kin, the Indore Bench of the Madhya Pradesh High Court said that the petitioner and his family members were "falsely implicated", adding that the lodging of the FIR at the wife's instance appeared to be an act of "wreaking vengeance". The court said this after noting that there …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
1 week, 3 days ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

[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 …

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case
1 week, 4 days ago

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

Live Law  

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. The court after going through the records said, "After the registration of the crime in …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 5 days ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 5 days ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

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, 4 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 …

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court
2 weeks, 6 days ago

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Live Law  

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.Justice Shampa Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:"In the …

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, 6 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 …

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
3 weeks, 6 days ago

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws

Hindustan Times  

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes. “We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
1 month ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Criminality can’t be imposed on breakups: SC
1 month 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 …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
1 month ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 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 …

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man
1 month, 1 week ago

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man

Live Law  

The Madras High Court recently quashed criminal proceedings initiated against a man under Section 354A IPC for allegedly committing sexual harassment on a girl. Justice Anand Venkatesh observed that to constitute an offence of sexual harassment, a man must have committed physical contact and made advances involving unwelcome and explicit sexual overtures. In the present case, the court noted that …

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 …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
1 month, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

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 Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
2 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

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. …

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship
3 months, 1 week ago

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship

Live Law  

The Bombay High Court while quashing a First Information of Report lodged against a popular musician at Goa for allegedly raping a woman on the false promise of marriage, observed that the woman was 'sufficiently mature' to understand the consequences of such a 'consensual' relationship.A division bench of Justices Makarand Karnik and Valmiki Menezes noted that the complainant in the. …

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 …

Mumbai man gets bail in rape case. Reason: ‘Live-in relationship agreement’
3 months, 2 weeks ago

Mumbai man gets bail in rape case. Reason: ‘Live-in relationship agreement’

Hindustan Times  

A 46-year-old man was granted pre-arrest bail from a Mumbai court in a rape case filed by his partner after producing a “live-in relationship agreement” that stipulated neither party would file sexual harassment claims against the other. NDTV reported that the woman, who works as an elderly caregiver, and the accused, a government employee, are now under scrutiny by the …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
3 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 …

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna
3 months, 3 weeks ago

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna

The Hindu  

The High Court of Karnataka on Friday directed the trial court not to record further proceedings based on the charge sheet filed against former Minister and MLA for Holenarsipur H.D. Justice M. Nagaprasanna passed the interim order on the petition filed by Mr. Revanna, who questioned the legality of registration of FIR on the alleged incident said to have been …

HC directs State to address issue of protection of sportswomen from sexual harassment
3 months, 3 weeks ago

HC directs State to address issue of protection of sportswomen from sexual harassment

The Hindu  

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary to address the issue of protection of women participants in sports from sexual harassment, within six months. In the interest of justice and also to achieve social justice, the court has issued direction to the State government to provide accommodation at the State cost for either …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
4 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. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
4 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Supreme Court to hear marital rape pleas next week
4 months, 2 weeks ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

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 …

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
5 months ago

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape. The court said, “The duration of relationship between the two which was founded on love was for a period of six years, merely because love wanes away by efflux of …

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 …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
5 months, 1 week ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

MP HC junks rape case filed by woman after 10-year-long relationship with man
5 months, 2 weeks ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu  

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

No financial settlement in sexual abuse cases: Delhi High Court
5 months, 3 weeks ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express  

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

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 …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
5 months, 3 weeks ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

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