1) no case of rape is made out
2) it was consensual relationship
3)both are adults and educated
4) at most case of cheating can be filed on account of breach of promise to marry
5) if girl files false case obtain AB from sessions court
Whether breach of promise to marry can be considered as rape
Hello, I am a 26 years male. Working in a PSU. I was in a relationship with a girl, who is also 26 years old and one month older than me for 2 years. I promised to marry her and my intention was clear at that time. Both of our family agreed. We had physical relationship several time. Our consent was mutual and the was no pressure from me or her. She has rape casesome intimate pictures with me. But, cararound 6 months ago I informed her that I am not ready for marriage right now as our marriage date got fixed. I am preparing for civil service exam and need time to settle. Now she is threatening me that she will file rape case against me for not marrying her. She even went to police station and showed pictures and Police suggested to file a rape case. She still haven't filed any case officially yet. It's almost 6 months and suddenly she is doing all this. I am helpless in this situation and don't know what to do. Please suggest what should I do and what are the consequences if she really decides to go for legal steps. Thanks and regards
Asked 8 years ago in Criminal Law
Religion: Hindu
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5 Answers
n Deepak Gulati vs State Of Haryana case in 2013, the Supreme Court of India held that sex based on the false promise of marriage can be rape in certain situations. The apex court observed that there is a clear distinction between rape and consensual sex and the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives.
If the accused had made a false promise to only to satisfy his lust, it will fall within the ambit of cheating or deception and there is a distinction between the mere breach of a promise, and not fulfilling a false promise. The court further said that it must be examined whether promise was made at an early stage and whether the consent involved was given after wholly, understanding the nature and consequences of sexual indulgence.
However, the court clarified that in some situations the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused, and not solely on account of misrepresentation made to her by the accused, the situation does not necessarily lead to rape and the court must consider other evidence as well for support.
1. Though consensual sexdoes not amount rapeit is very difficult to prove that consent was free and not forceful.
2.She can always say that on pretext of marriage you forced her to get into sexual relationship and now you are refusing to marry her.
3.Hence try to defuse the tension. if she lodges complaint of rape you will be arrested.
So Decide very cautiously.
There is no rape case maintainable in the consensus sex.
She can file a complaint for cheating by having sex with her in the promise of marriage.
The police can file a case under section 417 ipc.
1. Breach of promise to marry is not considered as rape but having and continuing to have physical relationship with someone with the promise of marriage and then refusing to marry her is considered as rape by some courts.
2. There other cases where the amn could prove that there was no promise of marriage for inciting s*x and that the physical relationship was consensual.
3. If she lodges such complaint and police lodges FIR against you bringing the charge of rape, avail anticipatory bail from the court and then contest the case fittingly.
4. You shall have to engage a local lawyer having expertise in this field to defend your matter.
5. Ensure that there is no evidence left that you had promised to marry her and try to collect evidence that she also was willing to develop physical relationship with you.
