LAW RESOURCE INDIA

Sex on false promise of marriage is rape: Court

Posted in CRIME AGAINST WOMEN by NNLRJ INDIA on February 1, 2010

Holding that having sex with a girl on the promise of marriage and later refusing to tie the knot on flimsy grounds amounts to commission of rape, the Delhi High Court on Monday dismissed an anticipatory bail application of a boy who had tricked a girl into having sex with him on the promise of marriage and later refused to fulfil it on the ground that she had hidden her real gotra (lineage) from him.

Ruling that the present case falls in the category of a rape case, Justice V.K. Jain said: “If I take the view that sexual intercourse with a girl, in the facts and circumstances such as in the present case, does not amount to rape, it will result in unscrupulous and mischievous persons taking undue advantage of innocent girls.’’ In the instant case, the boy had agreed to marry the girl after the two families had met and given their nod to the marriage proposal. The proposal was formalised by the two families at a roka (engagement), after the boy already had sexual intercourse with the girl.

Further clarifying the legal position on such cases, Justice Jain said: “A case where the girl agrees to have sexual intercourse on account of her love and passion for the boy and not solely on account of the misrepresentations made to her by the boy or a case where a boy, on account of circumstances, which he could not have foreseen or which are beyond his control, does not marry her despite having all good intention to do so, has to be treated differently from a case such as the present one.’’

“The petitioner from very inception had no intention of marrying the prosecutrix to whom he was a complete stranger before he met her to consider the proposal for marriage with her,’’ Justice Jain said while commenting on the intention of the boy. Counsel for the petitioner had argued that it was not a rape case. Quoting a Supreme Court judgment, the counsel submitted that having sexual intercourse on the false promise of marriage did not constitute rape.

Counsel for the prosecution, Pawan Bahal, opposed it saying that it was a clear-cut case of rape.

http://beta.thehindu.com/news/cities/Delhi/article98711.ece

10 Responses

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  1. aravind said, on February 1, 2010 at 22:56

    Having sex in the pretex of marrying should be considered as rape and sever punishment to be awarded

  2. ineedtospeak said, on February 1, 2010 at 23:09

    having read this article..is there any body who can ask Justice V.K. Jain that how can he be so sure of the intentions of the girl and her family who is claiming herself to be “ablaa naari”..is it proved from the medical that she has been raped???have they any proper evidence against the boy??? or is it just her “hue and cry” that has been enough to prove the boy guilty??!!
    isnt he aware of all these kinds of rackets wherein girls are misusing all these laws in order to force innocent men to marry them just for money..!!

  3. DP said, on February 2, 2010 at 00:00

    i myself am a girl but it is also a fact and a very alarming one that some unscrupulous girls now a days have made it a profession of fixing innocent guys into fake rape cases…as i can see frm this case…

  4. djradz said, on April 11, 2010 at 20:15

    the time has changed a lot now the girls have become smart and they do not easily get into relationship so for guys it become bit hard to approach a girl so they have started using this kind of tacts giving commitments to be there life partner but have no intention of getting married to her i simply call it a rape. 1st is forced rape>>> she is hurt while the guy forcefully have sex.
    2nd is with consent but keeping her in dark >>>here she gets hurt later when she comes to know the guy who promised her for marriage wants to get rid of her and never had intention of getting married so both ways to hurt a female is one of same its while having or after she goes through mental trauma in both the ways,just for there physical needs guys commits and when he gets bored with the girl whom he promised to get married he forgets and have easy excuses to get rid of the girl that’s not good it is a shock for a female.I agree if the girl is giving false promises we cant call rape but should be punished equally .

  5. priyanka said, on July 19, 2010 at 14:31

    this case is based on the consent (S90 IPC) of the female i.e she was under the misconception of the fact that he had the intention to marry her.
    here the guy has, falsely, made her feel that he wants to marry her whereas he is only interested in his personal interest. rape does not always mean forced sex.

  6. gsn said, on November 15, 2010 at 08:46

    what wud happen if same case happen but gender changes, means girl deny for marriage?

  7. rahul said, on December 18, 2010 at 18:31

    hi,

    I also wanted to know, what if a girl does the same??

  8. Narotam said, on January 29, 2012 at 23:35

    Isn’t this suppose to be a cheating case then a rape case?

  9. Mayuram V.Sankaran said, on February 3, 2012 at 22:35

    “False promise of marriage and inducement of consent for sexual intercourse thereby”! Could it amount to a case of ‘misconception’ as to the ‘nature of the act’ or the ‘identity of the person’, which were the usual kind of ‘misconceptions’ that ‘vitiated’ a ‘consent’ that was ‘freely given’ at an earlier point of time? It is no doubt a case of ‘cheating’ clearly or a case of ‘obtaining sex by false pretences’, if one could coin such a new offence to be inserted in the penal code by an amendment, but does it really amount to ‘non-consensual’ intercourse, viz., ‘rape’ with the severity of punishment that is provided for it? Or could it really amount to a form of ‘consensual’ intercourse where the consent given is vitiated by a factor ‘known’ and ‘accepted in law’? Does it really connote a change in the policy of the law-makers because the incidence of such conduct is on the rise? While a man cannot be the victim of a ‘rape’, could he not take advantage of a new offence of ‘obtaining consent to sexual intercourse through a false promise of marriage’, if such an offence were to be introduced in the penal code? What about other kinds of ‘false representations’ or ‘misconceptions’ induced, such as, as to the specific ‘religion’ or ‘caste’ or ‘educational qualifications’ or ‘nature of employment’ of the offender that might also trigger off a ‘pre-marital sexual intercourse’? In such cases, should not the conscious ‘immorality’ of the ‘consenting’ woman be taken as an ‘extenuating factor’ with respect to the sentencing of the offender?

  10. Sana said, on February 17, 2014 at 14:01

    what are the punishment if it is find out the girl is forced to have sex on the promise of marriage. what about the trauma she had gone through??? mantel and physical.


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