Note: This post is generated from Generative AI. Do consult lawyer advocate for professional legal advice.
The Punjab & Haryana High Court (which has jurisdiction over Chandigarh) has delivered several significant judgments regarding a married woman consenting to sexual relations on the promise of marriage, particularly in cases alleging rape under Section 376 of the Indian Penal Code (IPC).
The general principle established by the High Court in these cases is that:
* No Rape Under Section 376 IPC: It is generally inconceivable that a fully mature, legally married woman could be induced into a sexual relationship solely on the false promise of marriage.
* Consent Not Vitiated: The High Court has held that the consent given by a married woman in such circumstances does not amount to being obtained under a “misconception of fact” (which is a requirement under Section 90 IPC to vitiate consent for a charge of rape).
* Reckless Disregard, Not Inducement: The court has often termed such an act as a “reckless disregard of the institution of marriage,” “act of promiscuity,” or “immorality,” but not an act of criminal inducement leading to rape.
* Enforceability: The court has stated that even if a promise to marry was made, it would be unenforceable in law and contrary to public morality as the woman had a subsisting marriage.
đź“ť Key Observations by the P&H High Court
In several judgments, the High Court has made the following points:
* A married woman, being an adult, is generally deemed fully capable of understanding the legal consequences of her actions.
* The relationship is often viewed as a “consensual relationship turning sour,” where the criminal law machinery cannot be invoked merely because the relationship did not culminate in marriage.
* The charge of rape on the false promise of marriage is typically applicable in cases involving unmarried women, where the promise is the sole reason for consent, and the promisor had no intention of marrying from the outset.
In summary, the High Court has consistently taken the view that a married woman’s consent to a sexual relationship, even if based on a promise of marriage, is an expression of her own will and does not make the man liable for the offence of rape.
Do search for a specific case name or year related to this issue, or learn more about the legal provisions like Section 90 or 376 IPC for more information about the same.
A married woman claiming rape based on a promise to marry is not always a rape case; legal decisions focus on whether the promise was a “false promise” from the outset, especially if the woman was already married. In cases where the relationship is deemed consensual or a false promise cannot be proven from the beginning, such as when a woman continues a relationship for a prolonged period even after starting one while married, it can be difficult to prove rape. For a relationship based on a false promise to be considered rape, it must be shown that the promise was made with the intent to deceive from the very beginning and directly induced the sexual act. [1, 2, 3, 4, 5, 6]
Key legal considerations
False promise: For a breach of promise to marry to be considered rape, the man must have had no intention to marry her from the start, and this false promise must have been the direct reason for the sexual consent.
Consensual relationship: If a sexual relationship was consensual from its inception, even if a later promise to marry is broken, it may not be considered rape.
Marital status: A woman’s existing marriage can undermine claims of being misled into believing she would be lawfully married to the accused, as seen in a recent case where the woman began a relationship while still married, according to Bar and Bench.
Prolonged relationship: If a woman remains in a sexual relationship for a long period after the promise, it can be difficult to prove the initial promise was false, and criminal proceedings may be quashed, notes Supreme Court Observer.
Misuse of law: Courts have stated that using the legal system for revenge or personal vendetta after a consensual relationship breaks down is an abuse of process. [1, 2, 3, 4, 5, 6, 7, 8]
AI responses may include mistakes.
[8] https://www.bbc.com/news/world-asia-india-47959684
For case specific advice, get in touch with best Criminal Lawyers in Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.
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