If boy never intended to marry and just to have sex promised to marry, IS RAPE.

Yes, establishing physical relations on the pretext of marriage is RAPE

If consent for sex is obtained on false promise of marriage then it is offence of rape.

https://www.livelaw.in/top-stories/sex-after-obtaining-consent-by-false-promise-to-marry-is-rape-144207

Sex on false promise of marriage amounts to rape, the Supreme Court has ruled recently.

1. On the promise of marriage, if the girl is seduced, then it amounts to rape.

2.  However the girl has to prove that she was promised marriage, before indulging in sexual act.

Yea if a person has sex on the pretext of marriage then it amounts to rape.

Regards 

Consensual sex is no offence 

if you had sex on pretext of marriage girl would file case of rape against you 

Girl would file case of rape against you if you had sex with her under promise of marriage 

it it would be her case that her consent was not free or unequivocal 

Hi,committing sexual relationship on false promise of marriage amounts to rape ..However,the intention of "false" has to be proved as there is a difference between false and breach of promise 

Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control

Yes, just now on the same ground I filed a FIR at the police station and left.

Read this: 

The Supreme Court has reiterated that the consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges. The bench comprising Justice L. Nageswara Rao and Justice MR Shah, in a criminal appeal (Anurag Soni vs. State of Chhattisgarh), referred to many judgments on the subject and restated the legal position. It said:

"If it is established and proved that from the inception the accused who gave the promise to the prosecutrix to marry, did not have any intention to marry and the prosecutrix gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the IPC and, in such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Section 375 of the IPC and can be convicted for the offence under Section 376 of the IPC."

The prosecution case was that the prosecutrix (a pharmacy student) and the accused (a junior Doctor) were in love affair. The accused established physical relation with her on the pretext of marrying her. After that, he told her that he would talk his parents about their marriage and he would soon marry with her. The prosecutrix repeatedly asked from the accused about the marriage and when she did not receive any reply from the accused, she informed the incident to her parents. Though talks about marriage between prosecutrix and the accused happened between their families, and they planned their marriage on a particular day, the accused in the meanwhile, performed marriage with another girl. The prosecutrix made the complaint and the rape case was charged against the accused. The Sessions Court convicted him and sentenced him to undergo 10 years rigorous imprisonment. The High Court dismissed the appeal.

Taking note of the evidence on record, the bench observed:

The prosecution has been successful in proving the case that from the very beginning the accused never intended to marry the prosecutrix; he gave false promises/promise to the prosecutrix to marry her and on such false promise he had a physical relation with the prosecutrix; the prosecutrix initially resisted, however, gave the consent relying upon the false promise of the accused that he will marry her and, therefore, her consent can be said to be a consent on misconception of fact as per Section 90 of the IPC and such a consent shall not excuse the accused from the charge of rape and offence under Section 375 of the IPC"

The accused came up with a case that the prosecutrix and his family members were in knowledge that his marriage was already fixed with another girl, even then, the prosecutrix and her family members continued to pressurize the accused to marry the prosecutrix. The bench said that he has not proved this allegation.
It is not believable that despite having knowledge that that appellant's marriage is fixed with another lady, she and her family members would continue to pressurize the accused to marry and the prosecutrix will give the consent for physical relation. In the deposition, the prosecutrix specifically stated that initially she did not give her consent for physical relationship, however, on the appellant's promise that he would marry her and relying upon such promise, she consented for physical relationship with the appellant accused. Even considering Section 114-A of the Indian Evidence Act, which has been inserted subsequently, there is a presumption and the court shall presume that she gave the consent for the physical relationship with the accused relying upon the promise by the accused that he will marry her. "

Upholding the conviction, the bench said:
The prosecution has been successful by leading cogent evidence that from the very inspection the accused had no intention to marry the victim and that he had mala fide motives and had made false promise only to satisfy the lust. But for the false promise by the accused to marry the prosecutrix, the prosecutrix would not have given the consent to have the physical relationship. It was a clear case of cheating and deception. "

The prosecution has been successful by leading cogent evidence that from the very inspection the accused had no intention to marry the victim and that he had mala fide motives and had made false promise only to satisfy the lust. But for the false promise by the accused to marry the prosecutrix, the prosecutrix would not have given the consent to have the physical relationship. It was a clear case of cheating and deception. "

Finally, the counsel for the accused made a plea that both the accused and prosecutrix is is married (not with each other), and thus the accused may not be convicted. Responding to this, the bench said:
Merely because the accused had married with another lady and/or even the prosecutrix has subsequently married, is no ground not to convict the appellant-accused for the offence punishable under Section 376 of the IPC. The appellant-accused must face the consequences of the crime committed by him."
Upholding the conviction, the bench reduced the sentence to seven years rigorous imprisonment.

Hello,

Yes it is. Refer to section 376 IPC (as amended up to date)

Regards

If both the party means groom and bride by their mutual consent come together before marriage than its not a rape.

If a girl feels like that and makes complaints against boy immediately in the police station that depending upon situation can be held as rape.

Yes sex on false promises of marriage is treated as take in India. It is actually a breach of promise but there are judgements which states the same as rape

Th latest supreme court judgment states that having sex on th4 false promise of marriage can be considered as  rape.

Sex on false promise of marriage is rape: Supreme Court;

Supreme Court says rape offends woman’s esteem, dignity

The fact that the victim and her rapist have married other people and gone their separate ways will not erase the crime. The rapist would still have to answer for his crime, a Bench of Justices L. Nageswara Rao and M.R. Shah concluded in their recent judgment.

The case concerns the rape of a woman by a government doctor in Chhattisgarh in 2013. The man had engaged in a physical relationship with her at his home on the promise of marrying her. At the time of the crime, he was already engaged to marry another woman. He later broke his promise to the victim.

On the basis of an FIR filed, the man was convicted of rape. The conviction was confirmed by the High Court. He was sentenced to 10 years of rigorous imprisonment. The apex court was appealed to.

In his judgment for the Bench, Justice Shah observed that it was clear from the evidence that the man’s intention was to cheat the victim. She would not have consented to the sexual act had he not promised her marriage. “It was a clear case of cheating and deception,” the Supreme Court held.

 

Yes sex in pretext of marriage is rape 

Dear Client 

It depends on the situation if you make false promise just to make physical relationship then it can be amount to sex as the latest judgement of Hon'ble Supreme Court.

1. As per the information mentioned in the present query, makes it clear that people are still not aware about the term sex on pretext of marriage is rape.
2. I would like to inform you that yes it is rape per se, but here are several other factors are considered while putting someone behind the bars.
3. There must always be an intention to cheat the girl or during the period it should develop, otherwise there can be situation when girl must be at fault, so boy left her.