ADITYA 16 July 2016

Ipc 375

Under ipc 375 the offence of rape is constituted if the consent is given under the false presumption of having intercourse with someone legally married ( when the perpetrator knows or believes it not to be true)

my question is if it also applies to someone in live in relationship ( since they are not legally married ) or in any matter when the consent was given under the impression that it was someone else in whom the lady was interested but the perpetrator knew or has reason to believe that it is not the case

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3 Replies

JustAdvisor (IT) 16 July 2016

in my opinion if anyone takes consent of a woman for s*xual course by playing deception, such consent may not be valid as per section 90 and as a consequence an offence under section 375 may be made out.

Vibha 17 July 2016

Can you please clarify the second paragraph of query? I could not follow it.

Its instructive to read recent SC and HC judgements on this matter. Nowdays many acquittals are being reported with evolving interpretations. In my opinion this section is getting diluted quite rapidly.

Adult women who knowingly enter long term and intimate relationships with men cannot brush off their responsibility by crying "promise of marriage". If there is promise of marriage and that promise has not been fulfilled for some time, yet woman continues to consent maintaining relationship then it cannot be claimed that her consent was tied to such promise.