Articles for False Promise

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 days, 6 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 …

Court Rape Ipc Fir Promise Petitioner Wani
[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
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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 …

Relationship Case Complainant Petitioner Prima Facie Court Quashes False Promise
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 …

Relationship Marriage Supreme Court Court False Man Period
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
1 month, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

Court Bail Criminal Procedure Haryana Kerala High Court 2024 Ipc
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 …

Court Age Haryana Case Accused Punjab Woman
Delhi man duped of Rs 2 crore over false promise of Rajya Sabha seat; two arrested
7 months, 1 week ago

Delhi man duped of Rs 2 crore over false promise of Rajya Sabha seat; two arrested

India TV News  

Delhi Police have apprehended two individuals accused of defrauding a businessman of Rs 2 crore by offering him a Rajya Sabha seat, according to officials on Saturday. Deputy Commissioner of Police Rohit Meena disclosed that on April 25, the Kishangarh police station received a PCR call reporting the capture of a fraudster, prompting police assistance. Naveen purported to be a …

Delhi Naveen Rs 2 Crore Narender False Promise
The Complete Supreme Court Annual Digest- 2023 [Part-XV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Live Law  

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but …

India Society Karnataka Tamil Nadu Kerala Delhi Supreme Court
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 …

Marriage Consent Supreme Court Court False Man Case
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
10 months, 3 weeks 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. …

Court Age Victim Appellant Prove False Promise
Orissa High Court Annual Digest 2023
11 months, 1 week ago

Orissa High Court Annual Digest 2023

Live Law  

Nominal Index: Animesh Chakraborty v. State of Odisha, 2023 LiveLaw 1 Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw 2 Soli @ Sulachana Jena & Anr. While denying relief to the accused, the Single Judge Bench of Justice Sangam Kumar Sahoo said, “It cannot be lost sight of the fact that the prosecution has proved that the appellant was …

India Odisha High Court Writ Petition Spa Sexual Assault Domestic Violence
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 …

Relationship Marriage Supreme Court Court Victim Case Notice
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 …

Law Marriage Women Criminal Law Court Rape Criminal
'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 …

Relationship Marriage Court False Man Case Accused
Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 7 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Karnataka Delhi Supreme Court Court Uttar Pradesh Culpable Homicide Case
Orissa High Court Quarterly Digest: January-March, 2023
1 year, 8 months ago

Orissa High Court Quarterly Digest: January-March, 2023

Live Law  

Animesh Chakraborty v. State of Odisha, 2023 LiveLaw 1 2. While rejecting a revision petition praying to drop the proceedings, the Single Judge Bench of Justice Sashikanta Mishra observed, “After perusing the complaint petition, this Court is of the considered view that some allegations have been made undoubtedly in general terms but then it is not expected of the complainant …

Justice Odisha Writ Petition Spa Court Domestic Violence Criminal Procedure
Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case
1 year, 8 months ago

Mere Breach Of Promise Not Equivalent To Giving False Promise To Marry: Madhya Pradesh High Court Quashes Rape Case

Live Law  

The Madhya Pradesh High Court at Gwalior quashing a rape case observed that a mere breach of promise to marry cannot be said to be a false promise to marry. Justice Deepak Kumar Agarwal observed that only a false promise to marry made with the intention to deceive a woman would vitiate the woman's consent being obtained under the misconception …

Consent Court Rape False Case Complainant Madhya Pradesh
Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
1 year, 9 months ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

Relationship Marriage Consent Rape False Ipc Complainant
Orissa High Court Monthly Digest - January 2023 [Citations 1-13]
1 year, 10 months ago

Orissa High Court Monthly Digest - January 2023 [Citations 1-13]

Live Law  

Nominal Index Animesh Chakraborty v. State of Odisha, 2023 LiveLaw 1 Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw 2 Soli @ Sulachana Jena & Anr. v. State of Odisha, 2023 LiveLaw 10 Bobby Islam v. State of Odisha & Ors., 2023 LiveLaw 11 State of Odisha v. Debasis Dixit, 2023 LiveLaw 12 V. Vinay v. Srinu Patro & …

Justice Odisha High Court Writ Petition Spa Court Domestic Violence
Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment
1 year, 10 months ago

Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment

Live Law  

The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain …

Relationship Children Court Mutual Consent Rape Man Accused
Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her
2 years, 1 month ago

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her

Live Law  

The Calcutta High Court on Monday refused to quash criminal proceedings initiated against a judicial officer accused of raping a litigant on a false promise to marry her. The matrimonial dispute of the complainant was pending before the petitioner herein, a member of the WB Judicial Service who held the post of Additional Chief Judicial Magistrate at the time, when …

Court Divorce Case Complainant Her Divorce Promise Magistrate
Karnataka High Court Quarterly Digest: July To September, 2022 [Citations 238 - 385]
2 years, 1 month ago

Karnataka High Court Quarterly Digest: July To September, 2022 [Citations 238 - 385]

Live Law  

Nominal Index: DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE. Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court Case Title: V.KRISHNAREDDY v. THE STATE OF KARNATAKA Case No: CRIMINAL PETITION No.685 OF 2022 Citation: 2022 LiveLaw 310 The Karnataka High Court has said that the General Manager of Nandini Milk Products, which …

India Trust Bengaluru High Court General Constitution Indian
'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 1 month ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

High Court Rape Kerala High Court False Case Accused Ipc
Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court
2 years, 2 months ago

Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court

Live Law  

The Kerala High Court on Thursday reiterated that if a man retracts his promise to marry a woman, the consensual sex they have had will not constitute rape unless it is established that the consent was obtained by him by giving false promise of marriage with no intention of adhering to it, and that promise made was false to his …

Relationship Marriage Court Chennai Rape Kerala High Court False
Rajasthan High Court Quarterly Digest: January To March 2022 [Citations: 1 - 114]
2 years, 6 months ago

Rajasthan High Court Quarterly Digest: January To March 2022 [Citations: 1 - 114]

Live Law  

CITATIONS 2022 LiveLaw 1 TO 2022 LiveLaw 114 Monthly Digests Rajasthan High Court Monthly Digest: January 2022 Rajasthan High Court Monthly Digest: February 2022 Rajasthan High Court Monthly Digest: March 2022 Nominal Index Laxmilal Salvi v. Registrar General, Rajasthan High Court 2022 LiveLaw 1 Seemajan Kalyan Samiti, Rajasthan v. Union of India 2022 LiveLaw 2 School Development Management Committee, Shri …

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