Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Breach of promise case

(Querist) 18 December 2018 This query is : Resolved 
A married woman (not divorced) having a child of 5 year has filed a FIR against my friend under section 376 and 417 IPC. She has written on the FIR that my friend on promising of marriage had sexual intercourse with her. Does he is guilty under ipc?
Dr J C Vashista (Expert) 19 December 2018
1. What is your locus standie to the question paper ?
2. You have concealed the fact that the woman was married (not divorced) with whom ?
3. Advise your "friend" to consult and engage a local prudent lawyer for better appreciation of facts, guidance and proceeding if there is "some" truth in the story.
Adv Shailendra Deshpande (Expert) 19 December 2018
The ambit of Sec. 375, 376 & 417 of IPC are wide. The decision of court will be based on evidence bought in front of it. Hence as suggested by Expert Dr. J C Vashista immediately proceed with prudent lawyer. He must be able to differentiate consensual sex between adults and rape before court.
Kumar Doab (Expert) 19 December 2018
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