LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lilly   28 July 2019

Punishment of Criminal breach of promise pretext of marriage

What is the Punishment of 376, Atrocities and 417 ipc sections. Can we get anticipating bail or regular bail? If yes , within how many days we can get ? Can family will be involved if it is sc st Atrocities case ?


 5 Replies

Raveena Kataria (Advocate )     28 July 2019

Engaging in any of the physical acts (as enumerated u/s 375 IPC) with a woman on the false promise of marriage amounts to rape, as has been reaffirmed by several SC judgements. Punishment for rape is rigorous imprisonment for a term not less than 7 years, and which shall extend to life, along with fine. Punishment for cheating, on the other hand, is imprisonment for a year or fine. Had any of the aforesaid offences been punishable with imprisonment for a term not less than 10 years, one would have been subjected to imprisonment for life by virtue of Section 3(2)(v) of the SC and St (Prevention of atrocities) act, but that does not seem to be the case here.

Raveena Kataria (Advocate )     28 July 2019

You can apply for anticipatory bail at the Sessions Court if you have reason to be believe that the victim in question is likely to file an F.I.R. or a criminal complaint against you. The sooner the better. The offence of rape in question being cognizable, you may be arrested without a magistrate's warrant if you do not seek anticipatory bail through the assistance of an advocate. The court needs to ensure several conditions namely, you must not be a repeat offender, you're not likely to abscond etc before granting anticipatory bail etc, and an advocate who's even acquainted with simply the basics of law and can show up on hearings is likely to present your case well so you can seek bail on a timely basis.

Regular bail, on the other hand, can be sought once you have already been arrested. If the complainant has also included family members in her FIR/criminal complaint, they may be apprehended likewise, depending on the nature of their crimes.

Lilly   02 August 2019

How can we compromise for marriage?

Sudhir Kumar, Advocate (Advocate)     06 September 2019

Originally posted by : Lilly
How can we compromise for marriage?



By falling on the feet of the girl.

Sudhir Kumar, Advocate (Advocate)     06 September 2019

new thread



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register