• Is sex before marriage illegal

Its one of the famous ambiguous thing I have ever found when it comes to Indian law but I would like to know detailed information on :

Is sex before marriage illegal? If not what other closest feasible charges can the opponent apply?
Asked 1 year ago in Family Law from Japan
Religion: Hindu
1) consensual sex is not an offence 

2 ) none of the parties should be  a minor 

3) if you have sex before marriage and subsequently refuse to marry the girl she may file police complaint against you of rape 

4) number of judgements that breach of promise to marry amounts to cheating under section 420 of IPC 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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1. Sex before is not at all illegal . However the age of the girl must be above 15 years as consensual sex with a girl below 15 years amounts to rape.
2. Sex before marriage is not even a ground for divorce also.

If you put specific query then further advice may e given.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Sex before marriage between two consenting adults is perfectly legal.

2. However, many girls who cannot take a break up in their stride, file false charges of cheating and rape against the boy on the basis that he had sex with her by promising marriage to her and then did not fulfill the promise. There is nothing to worry though as they can be rebutted in the court by availing the right to defence.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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1) In deepak Gulati  v/s state of Haryana Supreme Court has held that sex under false promise of marriage can be rape under certain situations 

2) the Supreme Court said there is difference between consensual sex and rape
The court has to examine whether accused wanted to marry the victim or had malafide  intentions

3) if accused could not marry the victim due to reasons beyond his control despite having best intentions it would not amount to rape
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1. How can messages be a proof of marriage? Are you married to this girl? What is the actual story? If the marriage has taken place there is no question of a prosecution for the events which took place prior to marriage.

2. If you are not married then do the messages contain a promise of marriage? If yes, did you dishonour the promise?

3. If the charges are leveled against you then you should engage a lawyer whose presence in the court will suffice. However, you should immediately take bail lest you are arrested and brought to India after an arrest warrant is issued against you, in which event even your passport may be impounded.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1)your defence should be it was consensual sex with no promise of marriage 


2) if the lady has filed complaint of rape you should immediately obtain anticipatory bail from sessions court 

3) you will have to appear in court and contest case on merits 

4) you would not be permitted to leave India without court permission during the pendency of court case 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) emails,  letters  exchanged with your girl friend 

2) chat messages 

3) sms exchanged with your girl friend 

4) yes if case is filed accused will have to be present in court 

Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1. A message through sms or email qualifies as a valid proof of promise of marriage.

2. If no message has been exchanged wherein marriage was promised the girl has no legs to stand in the court.

3. If the case is filed the man will have to enter defence to rebut it. The court may in its discretion rule that the presence of the lawyer of the accused is sufficient to the ends of justice, in which event the accused will not have to personally turn up in the court.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Well since on most occasion the promise of marriage before making sex is done within closed doors it is very difficult to prove that no such promise was made.
Hence spurned lovers also take resort of this lacunae and unleash legal terrorism to wreck vengeance.
Since you have not given much details of the case that may have been filed against you, I can not make proper comment on this.
However since in most events rape cases are filed , in that situation you have to come to India to take bail and fight the proceeding. After bail you may not be present on each occasion.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Yes doing sex before marriage giving false assurance of marriage can be illegal. However if the sex is with the consent of the girl without any promises then same is not rape and no offence
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
sex before marriage is no offence if both parties were agree and gave their consent. if girl is below the age of 18 years at the time of sex then it will constitute offence of rape because consent of girl below 18 years is immaterial.  

if both parties are major and living together and established physical relation and thereafter get married then it shall no be an offence. 

if boy refuses the girl and contract marriage with another girl then girl has right to file rape case because it will constitute rape according to section 375 ipc i.e. consent has taken by deceitful act( promise to marriage) whatsoever the age of girl.  
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
In deepak gulati vs state of haryana, it is held by the supreme court that having sex with false promise constitutes offence of rape.

according to section 114 evidence act, it shall be presumed by the court that girl did not give consent if she denied her consent in the statement recorded under section 164 crpc.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Sex before marriage is not at all illegal if it is done with mutual consent. But the age of the girl is below 15 years amounts to rape. The same time sex under false promise of marriage can be rape under certain situations
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
In your case it is a consensual sex which cannot be treated as an offence.  However if you have even orally promised to marry her and now refuse it, then the police may book a case under section 417 IPC and will be charged with punishable offences.
However her statement will be sufficient enough to prove that you made false promise and had sex with her in the name of and promise of marriage. The corrupt police will not insist of any evidence to book this case if she  bribes them too.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
1. Consensual Sex between an adult male & an adult female is not a crime.
2. However if there is a false promise of assurance of getting married and thereby inducing the partner to have sex amounts to rape.
3. If a false complaint is lodged against you in India for the offence of rape, better to take anticipatory bail and engage a local lawyer to defend your case.
4. The false promise of marriage has to be proved beyond doubt by the complainant.
5. You need not physically present in the court, after getting bail and your Advocate's presence is enough.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
Consensual sex between two adult person is not illegal in India, but the lady partner should not be the wife of some other person. 

As far as age is concerned, it is not an issue here. Messages and intimate photos are ample proof of having intimate relationship. In case, the opponent if filed a case/complaint against you before the competent court pf jurisdiction, your presence is required. As far as working VISA is concerned it depends upon the nature of complaint.

Substantial proof for promise of marriage are electronic messages, video, letters etc.

Rape can not be termed as 'false petition'. Rape is an offence under Sec 376 of IPC where police has all powers/authority such as arrest/investigation or as provided to them in cognizable and non-bailable offence. The competent court of law has jurisdiction to decide whether it is a false case of rape or otherwise.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
1. Consentual s*x before marriage is not illegal,

2. However, inducing a lady to have s*x with the assurance of marriage and refusing to marry after having s*x is considered as rape.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. Your query is dfficient in providing details of your case or problem,

2. What case has cbeen filed against you? What are the sections brought against you?

3. However, you can engage a lawyer to atend your case,

4. You shall have to be present at the time of giving evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. What is the complaint? having s*x with the promise of marriage or solemnising the marriage and refusing it?

2. It depends on what documents she has and witnesses she can produce.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. There can be several such evidences like SMS, photographs, taking rent of premises etc.,

2. Physical presence will be required during submission of evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Having sex by promising to marry a girl or making her believe that she is already married to you to have sex with her is illegal.

If there is no promise of marriage and both adult partners of opposition sex have sexual intersocuse with their mutual consent, then its not illegal.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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