Is breach of promise to marry amounts to rape ?

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In the modern time and under legal provisions like live-in relations, giving the freedom to choose the life partner etc it is becoming very common to get into physical relationships.

But ultimately not tying the knot, hence the question before the law was to consider the legal position of rape visa vis breach of promise to marry.

In this case, Allahabad High Court ruled that this will amount to rape and refused to quash the FIR against  the young boy, charged with the crime of rape.

But the Supreme Court overruled this judgment and said that, "a charge of rape is not applicable in every case where a man does not marry his girlfriend after a promise.'

According to the top court, it will not amount to an offence of rape if the promise to marry was not false when it was given but the man, for some real reasons, could not get married to his girlfriend in future.

An SC bench of justices Dhananjaya Y Chandrachud and MR Shah elucidated the legal position while exonerating a 30-year-old man of the rape charge under Section 376 of the Indian Penal Code.

Citing a 2019 judgment of the top court, the bench said that to establish that the consent of a woman for a physical relationship was obtained by fraud and misconception of fact through a false promise of marriage, it was necessary to show that the man gave the promise in bad faith and never had any intention of marrying his girlfriend.

“Every breach of promise cannot be said to be a false promise,” underscored the bench.

A first information repot (FIR) was registered against the man by his girlfriend in March 2018 at Mathura in Uttar Pradesh, alleging that he had refused to marry her after they had a relationship of a year and a half. 

The woman accused him of deceiving her and establishing a sexual relationship with her on a false promise of marriage.

A charge sheet against the man was also filed in April 2018, prompting him to approach the Allahabad high court for getting the FIR quashed. 

He cited the woman’s statement to the magistrate that she was in the relationship of her free will and that there was no question of any deception or misconception about any fact. 

He added that his promise to marry her was genuine but he could not do so in view of change in circumstances, in particular due to opposition from his parents.

But the high court declined to nix the FIR in September 2019, saying the offence was cognisable in nature and since it involved disputed questions of facts, the veracity of allegations or otherwise could be established only after a trial.

Filing the appeal against the high court order, the man submitted in the Supreme Court that the woman’s own statement to the magistrate will demonstrate that he wanted to marry her and this is why he had made her meet his parents.

A statement of girl was cited wherein she stated that the man had called her to his hometown Jhansi in January 2018, saying he wanted to have a court marriage with her. 

However, the situation at his home changed for the worse and it was not possible for him to marry her although there was absolutely no intent on his part not to marry her when they started the relationship.

The petition to quash the charges was opposed  state of UP, and the counsel for the woman, contending that the offence of rape was made out since marriage was apparently a pretext only to goad her into a sexual relationship.

The bench, however, found substance in the man’s arguments that the relationship was a consensual one and they were together for over a year of their own free will. 

The FIR, noted the bench, was filed only after the man expressed his disinclination to marry at a later stage and there was nothing to show that he had no intention of upholding his promise from the very beginning of the relationship.

“There is no allegation to the effect that the promise to marry given to the second respondent was false at the inception. On the contrary, it would appear from the contents of the FIR that there was a subsequent refusal on the part of the appellant to marry the second respondent which gave rise to the registration of the FIR,” said the bench, quashing the FIR and the charge sheet against the man.

#ValentinesWeek2022 2022 #rape #advocateajaykummar 

Email at editor.kumar@gmail.com for a free info pack on what exactly amounts to rape under 376 ,of IPC.

Dr Ajay Kummar Pandey
Advocate Supreme Court of India

651


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Centre sets speed limit for vehicles in Delhi, heavy fines for over speeding

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Law and Covid

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Are you ready to die peacefully

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DO YOU HAVE WILL TO WALK ?

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सवाल: मकान मालिक या किरायेदार... किसे फायदा पहुंचाएगा केंद्र का नया कानून, जानिए प्रमुख बातें

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Do you want to earn huge money?

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WhatsApp पर तीन रेड टिक? नहीं, सरकार आपके मैसेज, कॉल रिकॉर्ड नहीं कर रही है

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Are you next victim of Spy Groom war?

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काम की बात: क्या नॉमिनी ही होता है उत्तराधिकारी? जानिए क्या कहता है नियम और क्या हैं इनके अधिकार

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My father passed away without a will. Who has legal rights to his property?

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Get paid without insurance for Covid death

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News You Can Use.

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

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Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

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Who will pay rent for lockdown period?

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Legal consequences of being whatsapp group admin

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