‘LEWD MESSAGES TO FIANCEE DON’T INSULT MODESTY’

In its judgment, the Bombay court said, that dirty texting with fiancée cannot be considered as outraging her modesty. It held that sending such messages in premarital period may delight and give the feeling that someone is close enough to understand one’s emotions.

FACTS

The woman had lodged an FIR in 2010. The couple had met on a matrimonial site in 2007. The man’s mother was against the match. In 2010, the man broke up the relationship. Acquitting him of rape charges, the court said every breach of promise to marry can’t be termed cheating or rape.

Also Read- false promise to marry – Indian Kanoon Judgments

Promise to Marry Lewd Messages to Fiancee Case
Promise to Marry Lewd Messages to Fiancee Case

SECTION/ACT/PROVISION/SETTLED LAW

SECTION 375 OF IPC:

Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:—

(First) — Against her will.

(Secondly) —Without her consent.

(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.

(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Also Read- Rape by a False Promise to Marry: A case-law non-offence

SECTION 420 OF IPC:

Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

SECTION 509 OF IPC:

Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Also Read- How a false promise to marry blurs the distinction between consent and its absence

LEGAL OPINION

In the present case, as relevant from the case, the sexual intercourse between the 2 parties was consensual and with the will of the woman. It can also bee seen that if both the parties want to have sexual intimacy before marriage it is solely their discretion. The woman was not even forced to make sexual relations with the man, so, this would not constitute rape.

When it comes to charges under section 420 of the IPC,  the man did not deceive her as he had intentions to marry her and he even went to the Arya Semaj mandir to get married to her but because of his mother, he could not marry her.

No description is required as to what constitutes outraging a woman’s modesty. Modest is a very subjective term. As far as the woman is a consenting party to an act, it won’t be considered something as outraging her modesty. In the present case, the woman was the consenting party and therefore, it the man cannot be held guilty under section 509 if the IPC.

Also Read- Read all Latest Updates on and about False Promise To Marry

JUDGMENT

The sessions court acquitted the 36 years old man, 11 years after he was booked for raping her under false promise of marriage. It held that sending such messages in premarital period may delight and give the feeling that someone is close enough to understand one’s emotions.

“If at all those are not liked by the other side, it has discretion with it to convey its displeasure to the other side, and the other side generally avoids a repeat of such a mistake. The purpose was to put up his expectation before her, to arouse her with similar feeling of sex, which may give happiness even to her, etc. But in no way those SMSs can be said as were sent to insult her modesty,” it said.

“The man had even been to an Arya Samaj Hall with Mangal sutra but it was the quarrel on the ground of stay after marriage and thereafter, by getting tired of his indecisiveness and getting surrendered before his mother’s wish and failing to tackle the problem stood before him in proper manner, he came back. It is not the case of false promise of marriage. It’s the case of failure to make efforts,” it said.

Also Read- Sexual intercourse based on false promise to marry – iPleaders

MUMBAI: Observing that sending “obscene messages” to a woman one is going to marry can’t be termed insulting her modesty, a sessions court acquitted a 36-year-old man, 11 years after he was booked for raping her under false promise of marriage. It held that sending such messages in premarital period may delight and give the feeling that someone is close enough to understand one’s emotions.

“If at all those are not liked by the other side, it has discretion with it to convey its displeasure to the other side, and the other side generally avoids a repeat of such a mistake. The purpose was to put up his expectation before her, to arouse her with similar feeling of sex, which may give happiness even to her, etc. But in no way those SMSs can be said as were sent to insult her modesty,” it said.

Also Read- Whether Sexual Intercourse Based On Promise To Marry Is Rape?

The woman had lodged an FIR in 2010. The couple had met on a matrimonial site in 2007. The man’s mother was against the match. In 2010, the man broke up the relationship. Acquitting him of rape charges, the court said every breach of promise to marry can’t be termed cheating or rape.

For case specific advice please contact Best/Top Criminal Lawyers taking up cases of Promise to marry rape cases in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi.