Today’s world is facing a time where relationships , live – in relationships and consensual sex between two adults is no longer regarded as sin but still the issue is raised again and again regarding false promise to marry is consensual or not and if it is not rape then will it be regarded as cheating or not.
Thus it is very important to know about the thin line of difference between rape and consensual sex.
As all the questions raised regarding false promise to marry are like a couple who is living together engage in a sexual relationship then if man breaks up with the woman and she alleges him that she agreed to have sexual intercourse on the pretext of marriage and still he left her or man in order to have sexual favours promise to marry the woman and after receiving such favours he leaves her.
This is the point which courts have to decide that what was the real intention of man to marry her or whether his intention was mala fide.
The law states that according to Section 90 of IPC consent given under misconception of fact amounts to rape but false promise to marry is not a fact within the meaning of penal code and it depends on the circumstances , evidences which are before the court and the courts will while keeping these factors in mind decide whether it amounts to rape or is cheating.
The main ingredients of false promise to marry drawn from various judgements are :
- The provisions of section 90 include false promise not a breach of promise.
- If the promise is false from the beginning on the part of man just to have sexual favours he will be convicted of rape.
- The burden of proof lies on the prosecution.
- If woman was aware of all the consequences then man cannot be convicted.
There is a case that was dragged in courts for 25 years and has ended now with magistrate court acquitting the man in false marriage promise and cheating case as woman has accused man who pretended him to be single in front of her and thus made sexual relations with her , clicked her nude pictures forcing her to give him ₹ 6800 to repay his debts as there was no cogent and reliable evidence against the accused he was set free.
The most difficult fact to prove is that whether accused had any intention to marry or whether it was false promise for sexual favours.
If intention of accused is mala fide he is convicted of rape or cheating as the case may be.
This post is written by Bharti Sharma of HP University Shimla. For any subject matter advice, please dial 7888-356908.