Rape law
rakhiraj
(Querist) 21 April 2012
This query is : Resolved
how false promise of marriage is rape if fully grown girl. in 375 rape does not define false promise of marriage. then how girl put rape case on false promise of marriage is rape ? in 375 which defination prove false promise of marriage is rape.
rape must be forcible.
please adwise.
Devajyoti Barman
(Expert) 21 April 2012
The section does not provide sex on false promise of marriage is rape.
Rather it is the judicial pronouncement odf some High Court including that of Calcutta which makes it a punishable for committing rape.
Shonee Kapoor
(Expert) 21 April 2012
However, there are diverse views about the same.
See, most often than not in such complaints, the prosecutix alleges at least one incident when the intercourse took forcibly. Thereby making it a crime of rape. Thereafter the accused promised to marry and kept on exploiting the prosecutix. And in the end refused to marry.
Now one part of it is covered under 375.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 21 April 2012
I Endorse Ld.Mr.Shonee, Basically any sexual intercourse without consent is RAPE.... and if a woman gives consent under a misconception of fact (that the guy would marry her) her consent is not a good consent in the eyes of law, and is vitiated, bringing the case squarely within rape. However it still has to be positively proved that the guy decieved the girl w/ promise to marry when he knew that he would not marry at the time of consent, and also knew consent was being given just on the basis of promise of marriage.
SAINATH DEVALLA
(Expert) 21 April 2012
I side with Mr.Shoneeji and Bharatji.
K.K.Ganguly
(Expert) 21 April 2012
Clearly explained by Mr.Shoneeji and Mr.Chugh.
Dr V. Nageswara Rao
(Expert) 22 April 2012
1. Supreme Court has held that where the woman has been in love with a person for some time has sexual intersourse with him on the basis of false promise to marry, false promise is not a misconception of fact. It was held it is not rape.
2. Courts have hels that the misconception should be about an existing fact and not a future fact.
3. Breach of primise to marry, if proved, can be the ground for claiming damages but not criminal action.
