nixon raja (TECHNICIAN) 06 August 2012
boy and girls are in love, had s*x several times. boy promised to marry her. (girl has got all the proof for the love affair and s*x). but later the boy marry another girl becaue of family pressure. if this case is booked under section 376, what will be the outcome
N.K.Assumi (Advocate) 06 August 2012
You have not mentioned the age of the two lovers. But I guess they must be of the age of majority, and if so 376 can not be slap on the boy. At the most the girl can file for compensation for breach of promise to marry.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 August 2012
If the guy initially wanted to marry but later could not marry due to family reasons - then consent to s*xual intercourse is not vitiated - and it's not rape, however if his intention was not to marry from the very beginning and he merely wanted to obtain consent for s*x and for that caused a misconception of fact.
Guest (Guest) 07 August 2012
As long as the guy had the intention of honouring his promise to marry, the consent is not vitiated and he cannot be held guilty of rape even if he couln't eventually marry her due to a supervening impossibility. However, if from the beginning the boy had no intention whatsoever to honour his promise to marry, he can be held guilty of rape.
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