• Is IPC 376 applicable

Dear Sir , 
I am working in a MNC and living in Gujarat . A boy sent us a matrimonial proposal from a matrimonial site 5 month ago . Our family were completely unknown with each other. Later on an engagement ceremony (Roka) has been done as per hindu rituals and in front of all relatives on 29 june 2015. My family gave him gifts of 1.5 lakh Rupees. In October the boy come at our home for shopping of marriage , for 2 days there unfortunately I involved in physical relation with him. He spent a good time with our family. Then we never met.

After 5 days of this incidence when he was at his home in Mumbai, his mother called us and asked 20 lakhs to spent in marriage function from my mother. Her mother told that the boy is very talented and they are having an another matrimony proposal for boy, who is ready to give 20 lakh .My family refused to spend so much amount. Then that boy called me and broke that engagement. He left me and my family in complete depression. He is ready to return the gifts. But I have lost my respect which is more precious than money. His mother told me that this kind of incidence are very normal in society for a working girl !!!  
 I am having a phone recording also in which I requested, why he is doing it with me and family. I am also having a fear to file a police complaint against him as I never go through such kind of situation in my life. Can I proceed further to file a complaint against him under 376 ??
Asked 2 years ago in Criminal Law from Vadodara, Gujarat
Dear Querist
this is not a case of Rape as define u/s 375 of IPC.

but you may file a complaint against him under section 493 of IPC before magistrate for false promise of marriage and for this misrepresentation he got physical with your.

apart from this you may file a criminal complaint against him and his mother for demanding dowry under section 3/4 of Dowry Prohibition Act
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi,
1. You should lodge an FIR immediately under 376, 412,506,ipc and  sec.4 of the dowry prohibition act.
2. Do not shy away from filing a complaint. You have not done anything wrong as your engagement has over, it's under the impression that you are his fiancee, you have been put to physical relationship which is an offence once he called off the engagement  stating dowry issues.
3. if you delay he will getaway with obtaining an anticipatory bail so , go to your nearest police station give all details of your engagement ceremony, demands of money, and the incident of sexual relationship, which amounts to rape.

Please collect yourself and have the courage to take legal steps, first by initiating the FIR, then proceeding to depose in the court and not making a compromise for any reasons. Due to the reasons if a man abandons the woman after a promise of marriage and sexual relationship by making her believe that he is going to marry her .
You will not have to undergo any sorts of embarrassment as your family is with you , law is in your side, and it is  also crime against your parents as they are also  put to such humiliation by demanding dowry.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. A case for rape can be filed against him if you had sex with him on the promise of marriage made by him to you. If he has done this then you can file a complaint of rape directly in the court. It is for the court to decide his guilt or innocence. 

2. Your query is silent on whether he said anything in his defence in the voice recording which you have.

3. A case of rape may be a borderline case, but the demand of gifts and a further demand of Rs.20 lakhs made by the boy and his family squares it up within the ambit of ''demand of dowry''. Hence, you can file a case for dowry harassment in addition to a case of rape against him.

4. Once the case is filed he will have to run around to seek bail, which may be denied, following which he may be arrested and put behind bars. 

5. If you wish to tighten the screws on him then do it soon lest he obtains bail from  the court in anticipation of his arrest. His family can be taught a lesson to not to engage in buying brides for their boy.

6. Consult a lawyer personally before initiating the legal process.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. If he merely stated that he cannot go against his family then a case of rape will not stand against him. If you had sex with him on the promise of marriage then a charge of rape might sustain.

2. The above being said, he and his family can be prosecuted and punished for the demand of dowry. You can proceed to file a complaint for demand of dowry in the court against him.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Rape can not be sustain.

but false promise of marriage and physical relationship due to that believe may establish which come under section 493 of IPC.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi,
As mentioned earlier go ahead and file an FIR,there is no point in delaying,  You do not have to cite any sections. Police will decide the sections depending on your complaint, the sexual relationship happened  in your case  amounts to rape and you should lodge an FIR and police it can be charged under Sec. 376 Ipc .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. You can certainly file a case of  inducing you into s*x with the assurance of marriage and backing out later on,

2. It will be considered as rape,

3. You can also file a case under dowry prohibition act.,

4. Hope you have collected att video recordings of his admitting that he had s*x with you , that he promised marriage to you and that his mother and himself demanded Rs.20 lakhs for marriage,

5. He can be tought  a very good lesson legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If you have not recroded about his admitting that he had s*x with you , that he promised marriage to you and that his mother and himself demanded Rs.20 lakhs for marriage, do it now,

2. The above will serve as very good evidence for your filing the cases as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0