• My boyfriend cheated me by having a physical intercourse

He was talking with me in the intention of just having sex. Initially I did not realize this. I thought that he is loving me. He spoke with by using many sexual terms. He had physical intercourse also with me few times by saying that he will marry me. But later he denied that and ignored to reply my messages. After that, he started avoiding me by not attending my calls also. After 1 month, he got engaged with other girl. Finally he cheated me and sexually harassed me by promising that he will marry me. Is it a sin to be born as a girl in India and fall in love with a guy and trust him? But he will just use that girl to have sex and marry other girl. Does girls became a toy or any object to be just used and thrown away by the guy by promising her that he will marry her and cheat her which spoils her entire life?? I want file a complaint against him for sexually harassing me by giving the false promise. Please help me out.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1) file police complaint against boy under section 420, 376 of IPC for cheating , rape

2) your boy friend had sex with you under promise of marriage

3) your consent was not free ort unequivocal

4) breach of promise to marry amounts to cheating

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

file police complaint under section 420 , 376 of IPC for cheating , rape

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Sex on the promise of marriage is crime .

2.Thus crime may also amount to rape in certain conditions.

3 First try to settle with him and if he is ready move in with you then it is alright.

4.If not then lodge complaint u/s 417,376, 506 of IPC.

5. If police does not act then move to court..

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Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

You may file a criminal case against him before police or court U/s 376 of Indin Penal Code-1860 in which (if proved) he will prosecuted & punished.

376. Punishment for rape.—

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is ap­pointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s insti­tution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2.—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.]

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. This is no cheating. He was ready to marry you when he made the promise but subsequently revoked the promise. You had intercourse with him with your free consent. A promise to marry is not legally enforceable under the Indian Contract Act.

2. Unless you have direct evidence to prove that he had no intention to honour the promise at the time he made it you have no case against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

I want file a complaint against him for sexually harassing me by giving the false promise. Please help me out.

Consensual sex with the promise to marry and escaping aftr that can be considered as an offence of cheating under section 417 of IPC.

You can lodge a criminal complaint with the local police about this and get him arrested.

The burden of proof lies on you to prove the allegations.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Please advice me on which sections, I can file the complaint against him for sexually harassing me ?

You can lodge a complaint giving the complete details briefly including the dates of the sexual activities between you both with the local police station. The police will register the complaint under section 417 IPC and initiate proper legal action provided you submit proofs for taking cognizance of the offence.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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