About My Health Careers Internship MedBlogs Contact us
Medindia LOGIN REGISTER

Consensual Sex Will Not Turn into Rape Because of Violation of Promise to Marry – Indian Court

by Gopalan on August 19, 2007 at 11:56 AM
Font : A-A+

Consensual Sex Will Not Turn into Rape Because of Violation of Promise to Marry – Indian Court

A man cannot be convicted for rape simply because he violates a promise of marriage he might have made before having sex, the Indian Supreme Court held.

A bench of Justice Arijit Pasayat and Justice DK Jain, however, held that a woman's consent is vitiated if the man makes representation of marriage "deliberately" to "elicit" the fairer sex's assent for an intercourse.


To accuse a man of rape, it is necessary to establish that at the very inception of making a promise to marry, he did not really "entertain the intention of marrying the woman" and that the promise was a mere hoax. "Then the consent ostensibly given by the victim will be of not avail to the accused to exculpate him from the ambit of Section 375 (rape) of the Indian Penal Code (IPC)," the bench observed.

The bench's remarks came on a petition filed by Pradeep Kumar against the order of Patna High Court that had rejected the man's plea to discharge him in a rape case.

Kumar was accused of raping a woman who on the assurance of a marriage agreed to have sexual intercourse with him. The victim lodged the complaint when it was announced he was to wed somebody else.

Kumar had approached the Patna high court against a trial court's order of framing rape charges against him. The high court dismissed his application after passing a summary order. Without commenting on the merits of Kumar's case, the Supreme Court referred it back to the high court, asking the latter to deal with it appropriately.

The bench clarified: "The court has to see whether the person giving the consent has given it under fear or misconception of fact. The court should also be satisfied that the person doing the act, the alleged offender, is conscious of it."

Source: Medindia
GPL/C

News A-Z
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
News Category
What's New on Medindia
Turmeric: Magic Ingredient to Keep you Healthy in Winter
Top 7 Benefits of Good Oral Hygiene
Healthy and Safer Thanksgiving 2021
View all

Medindia Newsletters Subscribe to our Free Newsletters!
Terms & Conditions and Privacy Policy.

More News on:
DNA Finger Printing Sex Facts Prostitution: Fresh Stakes in the Oldest Trade Sexual Deviance Sexual Intercourse Facts Safe Sex Top Ten Trivial Sex Facts Top Ten Sex Tips for Men Sex Numbers 
Recommended Reading
DNA Finger Printing
DNA fingerprinting is a technique which helps forensic scientists and legal experts solve crimes, id...
Prostitution: Fresh Stakes in the Oldest Trade
Prostitution has broadened its base to include street prostitution, massage brothels, gigolo outcall...
Safe Sex
Sex is fun but involves health risks such as sexually transmitted diseases (STDs or unplanned pregna...
Sexual Deviance
Sexual deviance includes a range of abnormal sexual expression from fetishism, cross dressing, sexua...

Disclaimer - All information and content on this site are for information and educational purposes only. The information should not be used for either diagnosis or treatment or both for any health related problem or disease. Always seek the advice of a qualified physician for medical diagnosis and treatment. Full Disclaimer

© All Rights Reserved 1997 - 2021

This site uses cookies to deliver our services. By using our site, you acknowledge that you have read and understand our Cookie Policy, Privacy Policy, and our Terms of Use