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David (Manager)     31 December 2012

Clarification on rape laws

Can a woman still claim rape after having an affair with a man and having an illigetimate child (who is three years old now), He pays for the child's maintenance but she still keeps threatening to file a rape case. Is this possible after three years? The man and woman stayed together for a couple of months but that is all. They were not married at any point and live seperately now for over 2 years. Does she have the right to file any type of complaint if not rape?

Your valuable suggestions will be much appreciated.





 4 Replies


YES is the answer to both your questions.

She can file a case of rape as also any other criminal case.

2 Like




Honorable member of LCI, while maintaining his professionlism, has already provided you a direct answer to your vague query.

What you want to say(If i,correctly, get your message in right perspective) is all about whether you can be convicted of rape or any other charge or not!!!

The facts said in your message clearly indicates that you can't be convicted for rape though she can falsely fabricate you in rape case or any other false accusation(Any one can do so as long as he/she does not fear the consequences of booking someone in false cases should the court take cognizance of).

your's is a case of live-in relationship and you both consented for a s*xual relationship(I presume both of you to be adult as per the definition of "Indian Majority Act 1875" while the first such encouter happened) and presuming that your case doesn't attract the IPC sections 493 and 496.

So don't worry for false cases if have guts to prove it to be false.

Note:- you are liable to take care of the that illegitimate child(Recent case of N.D. Tiwari).


2 Like



Hope of hear again from you(If need so arises)



2 Like

Rajan Salvi (Lawyer)     01 January 2013

It all depends on how the facts are put forth. In a given set of facts, the complaint would be maintainable. 

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