Rapes cases are heinous offences/crimes of grave nature and not easily taken down by any country, Be it India. Bail rarely happens in these cases seeing the horrific nature of crime what rape is. But exceptions are always there and one must know whether they are covered by law or not.
Promise to marry rape cases are often source of vengeance for failed relationship where the male suffers for refusing the girl under particular circumstances. Now these circumstances is what makes the case apart and let your case falls under the exception.
Whether the relationship hinges on the sole criteria of marrying and then only sex or there was only a probability not a promise has to be examined by courts under testimony and that’s what the craft of a good criminal lawyer.
India is a developing yet one of the most unsafe countries for women. Development here is slow not just economically but mentally too. There are a lot of people who could easily be fooled with highly orthodox mentality. Let us take the condition of relationships here. Being modern these days, we believe in live-in relationship flaunted by sexy videos with men and women living together without marrying each other.
Since, they live together with and tend to get intimated at times, but there are cases of male promise to marry the female to have sex. Many of the times they have the intention to fulfill the promises whereas sometimes the make the promise just to get intimate. A promise is a kind of agreement between two individual which is is sometimes enforceable and sometimes unenforceable by law.
Marriage is not only a promise of togetherness physically it is also a spiritual bond between two individual which is legalized by law. Then arises cases where female file case against Mel accusing him of rape by the “Breach of promise to marry”.
But the question here is, with two people having sexual intercourse with the pretext of marriage can file case of rape?
According to the section 375 of Indian penal code, consent is one of the most important part in the accusation of rape. A constant is not given when it is given by the person under:
- The fear of getting hurt or killed
- A misconception of fact
- if person doing the act nose or has reason to believe, that the consent was giving in consequences of such fear or misconception
As stated by supreme court of India if a man promises a woman to marry her without the intention of fulfilling such promise get physically involved with the woman, where she gives him the consent to do so, is accused of raping her.
This can have a different opening only if the woman was sure that he will marry her, if a case arise where the woman was ensure that he may or may not marry her in future then the court may change its opinion. In the given case women must prove man’s intent to keep promise of marriage to establish rape. There are many cases based on rapes done by consent for or by the “breach of promise to marry” these days.
For your case specific advice related to Bail (Pre arrest/Interim) in Promise to Marry Rape cases, get in touch with best/top/expert criminal lawyer of Chandigarh Panchkula Mohali.
This post is written by Natasha Joshi. For more info, dial 99888-17966.