adit 17 March 2021

Is rape considered 376 IPC & 493 IPC

is rape considered in a live in relationship and 493 IPC in major age,after the boy refuses to marry

Quick Summary

This discussion clarifies the application of Indian Penal Code sections 376 (rape) and 493 (cohabitation caused by deceitful inducement of marriage) in the context of live-in relationships. While live-in relationships are generally considered consensual, meaning sexual activity within them is also consensual and thus typically not covered by Section 493, individual incidents might still fall under Section 376 depending on the specific facts and circumstances.

3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 March 2021

A live-in relationship between adults is deemed consensual and hence any s*xual relationship is also consensual. Hence it cannot come under Section 493. Courts have held different views on the subject. There can be difference between a gullible less educated or uneducated woman and an intelligent educated woman. There are also shrewd women who trap gullible men.

P. Venu (Advocate) 19 March 2021

What are the facts? What is the context?

Adv. Mohit Chahal (Advocate) 21 March 2021

Live-in-relationship does not attract Sec 493 IPC. However, a particular incident may attract Sec 376 IPC depending on facts and circumstances of the case.

Adv. Mohit Chahal