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Arnav (Executive)     04 April 2011

Can physical relation under mutual consent amounts to Rape

Hi Friends,

One of my colleague had a long  term love with her girl friend. Both are major.They later on engaged in physical relations as well. The boy was ready to marry but under family pressure, he married with some other home town girl. Once, the boy got engaged, they didnot enter into physical relationship. Now, his girlfriend wants to sue him/complain against him for rape.

Will it be treated as rape even if the physical contact was on mutual consent. Is there any other charge that can be made against my colleague. Is there any remedy?

Please advise..




 21 Replies

Vikas Nagwan (Legal Consultant)     04 April 2011

Sexual intercourse without a VALID CONSENT amounts to rape... it is just a matter of proving the facts.. you have not mentioned the facts in detail............. Hire a good lawyer and proceed according to his advice

sureeli sharma (advocate)     05 April 2011



From the facts given by you it does not appear to be the case of rape as the above stated facts  does not cover any of the descripttions given under section 375 of I.PC. For a case to  fall under rape,  it must be against the will of the woman/or without her consent and even if it is with her consent then she must have undergone s*xual inter course under a wrong belief that he is her husband or where her consent was taken under intoxication/unsoundness which disabled her to understand the nature and consequences of  that to which she has given her consent.

In this case the girl is a major who can very well understand the nature and consequence of the act she is doing.Neither she was under any wrong belief that the man is her husband.



Madansingh Shekhaawat (writer & an editor)     05 April 2011

.........Now, his girlfriend wants to sue him/complain against him for rape.

yes it will attract the rape case if above sentence is true!

adv. rajeev ( rajoo ) (practicing advocate)     05 April 2011

when there is consent for physical relation then it does not amounts to rape.  But to take the revenge she can file a complaint  stting that he made her to  beleive that he would marry her and and had a physical relation etc.,

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G. ARAVINTHAN (Legal Consultant / Solicitor)     05 April 2011

Physical relationship based on promise given on marraiage and if marriage is not done, it can be a rape only

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Ranjeeb Sarma (CSR Generalist)     05 April 2011

i think he needs to hire a good lawyer and present facts as they are because rape by deception is a an offense which is akin to committing rape luring the "innocent girl" promising marriage.

Ravikant Soni (LAWYER IN JAIPUR)     05 April 2011

No it is not covered in rape.

Ravikant Soni (LAWYER IN JAIPUR)     05 April 2011

No it is not covered in rape.

Tajobsindia (Senior Partner )     05 April 2011

@ Author

It is not rape per se but fraud and fraud is difficult to prove in "consented" cases of such nature (if both were major age then) and suggest to make her to come before Bar and during cross examination she has to prove her versions and there a competent crl. ld. Advocate will toss her versions out resulting into acquittal.

2. It is not so easy as made out in this short brief otherwise every neighborhood boys and girls at one point of time on their height of 'infatuations and probable some acts of physical relationships in their adolescent years' will end up in RAPE case parameters today when they are today happily "settled" respectively.

These are some puppy love now gone bad scenarios and parental / elder intervention needed more than using Law see if that is possible. 

prem (manager)     05 April 2011

Sexual relations on false promise of marriage not rape: HC

July 23, 2010

NAGPUR: The Bombay High Court has ruled that s*xual relationship with a woman on a false promise of marriage does not amount to rape.

Acquitting a Yavatmal man in a rape case, the single bench High Court here observed that s*xual relationship after promising marriage and reneging on it does not amount to rape.

Justice Ambadas Joshi set aside the Yavatmal Session Court order convicting Sandip Rathod (now 42) under IPC section 376 (rape). The victim was allegedly 16 years old in 1996.

The court said the victim's age has been proved to be around 18 when the incident occurred.

Rathod, then 30 years old, was serving at a forest office near the victim's house. He developed physical relations with her and promised marriage. She informed her parents when she became pregnant and Rathod was arrested following a complaint lodged by her parents.

Charged with repeatedly having s*xual relations with an then "underaged" girl on and before November 11, 1996, the sessions court sentenced him to 10-year rigorous imprisonment.

Two years later, the convict moved the High Court.

Vikas Nagwan (Legal Consultant)     05 April 2011

It is just a matter of proving the actual side of the story... if defense is able to prove a VALID CONSENT then  acquittal is confirmed but valid consent in itself means consent taken without misrepresentation or fraudulent intention or undue influence etc... The promise of marriage may amount to fraud... i do not know where your friend resides so i cannot count on the Bombay High court judgment as the views of various High courts may differ in this regard.....In one line it means according to these few facts in your query, it does attract RAPE...

rohit jain (Legal Consultant)     06 April 2011


No its not cover under rape as per section 375 of IPC means-  If women is not major and you do s*xual intercourse with her or with out her consent or by forcefully  then its called Rape..

But in your case its not cover under rape.

Madansingh Shekhaawat (writer & an editor)     06 April 2011

I completely agree with adv. rajeev (Rajoo)

Even I am very much aware that a man having s*x with a girl after obtaining her consent on the promise of a marriage does not necessarily constitute rape even if he retracts on his pledge & it should not be considered as rape but; "Are there any straitjacket formula for determining whether consent given by the girl was voluntary or consent was obtained by coercion or threat or it was given under a misconception of fact?"

for retaliation & to cover up her indiscretion she easily can get your colleague booked not only under IPC Sections 376 IPC (rape) she can add 406 (breach of trust) moreover as a tool of revenge she also may allege pervert s*x or anything like if this spurned lady wants/ swearing to sue your colleague.

Vishwa (translator)     07 April 2011

Indeed, these laws are quite absurd. Enjoying with a girl after promising marriage is inded fraud, cheating etc but it is not rape. However, Indian cops misinterpret laws to suit their convenience and harass men. There is a lot of hypocrisy in Indian society, claiming that all enjoyment of s*x is a sin while bonking away on the sly like rabbits in a hutch. Indian women never go for consensual s*x for their own bodily pleasure, in fact they are so virtuous that they are devoid of all s*xual feelings.

What is real rape? I remember reading about Pakistani Punjabi military forcing themselves on young Bangladeshi girls, many of them ended up pregnant. This is the reality of rape with the victim fighting for her honour, with whatever feeble strength she may have. Hot blooded young women getting themselves groped and then crying foul hardly come under this category.

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