False promise of marriage

In the recent time there are many cases of rape FIR regd. by police on the ground that the boy had s*xual relation with the girl and he made a false promise of marriage with her, now he is denying to marry with her.

How it is legal under which law police lodge FIR against the accused person, while it is known to all that both were consented for S*x and the girl never opposed for it. Now she is saying it was rape.

This is not a case of rape as there is a consent of both the parties.  However as per India Contract Act she could asked for damages for breach of contract to marriage. It is further to be added that she could not force a boy to marry her as any contract which binds the party to marries is voidable contract.

i am also eager to know, it is against the settled penal law applicable to India . In these types of cases the enjoy the relationship and at some time when diff. arises she threaten the boy for dire consequenses. and in some case to teach a lesson to the boy she get lodge FIR against him.
 

I agree with Mr Kundan Kr. Singh

yes there has been use of S.376 IPC in this manner.  Certainly there has been a misuse also.

but certainly this situation can be compared with a business transaction like Piyush Sharma suggested....if Mr. Sharma's opinion is to be accepted then Rape has to be made a compoundable offence....the criteria would be -

Promise to Marry - Sexual Intercourse - Refusal - Compromise - Compensation

Human values and Business Transactions are separate things....we can not treat a female like a commodity...there can be instances of misuse of provisions of law but there are genuine cases also....if the female consented to the s*xual relationship under the promise of marriage it does not mean she is to be treated like a commodity then.

s*xual intercourse done under false promise does amount to ravising dignity of a female.

rest all is a matter of evidence, all depends upon the facts and evidence put before the court....false promise to marry for s*xual intercourse and promise to marry both are separate points.

Mr. Kiran Kumar please go throught the defination of contract in Indian Contract Act. There are three elements of contract one is offer  acceptance and consideration. Here all are present. In that way there is a contract in this situation. Now you are saying that women are not a commodity. If we go by your versen then the muslim marriage should be void because muslim marriage is a contract. For more clarification please read the latest SC judgement title K.P Thinnapa Gauda V State of Karnataka passed by Hon'ble Justice Markandey Kutju.

As the "Literal" meaning of the line says, the alleged Promise was false from the very beginning. If it is so, then it can be readily said, that the boy never intended to marry the girl and this promise was mere hoax. In such situations where the girl was of tender age and not in a situation to oppose the advances of the boy and succumbs to the pressure under this promise, such cases fall under S.376IPC.

Else, when the girl is a full-grown adult who understands the morality of the act, who understand the possible negative outcomes, who also apprehend the consequences and who was in a comfortable position to oppose the advances of the boy, could never be allowed to take benefit as explained in above case.

But irony is that in both above cases, police register S.376IPC. Then either on behalf of or for themself, they take money from the boy.

I shockingly express my dissappointment over the pronoucements of many Courts in India where they criminalize both the above. When the girl was doing it, was she enojoying it or not? If the answer is "yes", then how can the same pleasant act be construed as grave and gruesome (as are the cases of forceful rape, gangrape etc.). How can these be equated with forceful rape and similar punishment be awarded?

//peace

/Saurabh..V

This instance reminds us of the dire need of amendment of the definition of rape and define it properly.

My understanding and study of vaious cases and sections says the definition should be"

"When a person is subjected to s*xual intercourse by another person, with or without force, and the complainant is in a position, mentally as well as physically, to oppose, deny and forbid the act, but still due to some ulterior objective(s) in mind, allows the aggressor to perform the s*xual intercourse, then such act would NOT amount to rape."

Though the above definition does not cover the aspect of penetration, still technically it is complete. It covers the core of such acts.

Any act which was at one point of time agreed and mutually enjoyed, cannot be allowed to be used as a weapon against another. Such thoughts are wreakoning our society and provokking the girls to roam freely and trap innocent boys. All they have to do is lure a boy to the bed and then file a complaint of rape. Here it is interesting to note that, Courts could convict the accused even on verbal evidence of the complainant alone as it is regarded similar to other rape cases.

//peace

/Saurabh..V

I agree with Mr Piyush Sharma Opinion. Mr Kiran Kumar Ji what is the position of women in Muslim Law. (Muta Marriage)