Legal Defense For Sexual Intercourse On False Promises

I was in a relationship with my ex girlfriend for 4 years and promises were given for marriage by me as I wanted to marry her, which also led for her pregnancy. Since both of us were not ready to marry at that particular time we consulted a doctor for abortion and papers were signed by me as guardian/ husband. Now I broke up with her a year back and she wanted to take a revenge on me for the breakup, hence keeping those papers as proof threatening for criminal case. How will I be able to get out of this case? And if at all proved what punishment will I get?
Posted 2 years ago  | 
Criminal Defense
Criminal Defense

4 Answer(s)

Ravindra Purohit

1. If she can establish that you have had physical relationship with her with the promise of marriage and is now refusing to marry her, it can be considered as rape by the Court,

2. The punishment in this case is not less than 7 years which may be extended to life imprisonment, 3. It will be prudent on your part to amicably settle the matter with her in your own interest.

Rashi Gahlaut

1) If you had sex with your girlfriend under the promise of marriage and you refused to marry her,she can file a case of rape against you under section 376 of IPC. 

2) It would be her case that her consent was not free or unequivocal.She only agreed to have sex as you promised her marriage.

3) If rape case is filed apply for Anticipatory Bail from Sessions Court.

Prateek Kumar

The promise given to a girl and become pregnant and abortion after that make a crime under the head cheating .In your case under the guise of love affair and pretence of marriage you deceived her and enjoyed her sexually. Guilty intention is an essential ingredient of the offence of cheating and to secure conviction of a person for the offence of cheating, mens rea on the part of that person must be established and the intention to deceive should be in existence at the time when the inducement was offered as also laid down in Mahadeo Prasad vs State of West Bengal and in Uday (supra). when a person had sexual intercourse by false assurance of marriage and after she became pregnant having refused to marry seeks consent obtained under misconception of fact defined under Section 90 IPC; thereby, the accused is guilty of rape as defined under Section 375 IPC clause 4 punishable under Section 376 IPC. You should take anticipatory bail.


You signed as the husband/guardian of this girl, which is a disaster as by doing so you have admitted your marriage to her, thereby allowing her to exercise all the legal rights and remedies which are vested in a wife according to the law of the land. She can file a criminal case for rape against you, which you can contest on merits. Apply for anticipatory bail as soon as the case is filed. The punishment can be up to 7 years apart from the civil liability.

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