Legal Provisions Relating To False Promise To Marry

A man promised me to get married to me and convinced me for a sexual relationship on the grounds of promise of marriage and after some time he denies to continue further without even a reason and he also forced me up once for intercourse which I deni... Read More

A man promised me to get married to me and convinced me for a sexual relationship on the grounds of promise of marriage and after some time he denies to continue further without even a reason and he also forced me up once for intercourse which I denied which eventually lead to lot mental trauma to me, even after every possible effort he kept on denying me are there any legal perspectives to this kind of situation like this as mentioned in section IPC 90 consent under misconception and sec 354 outraging modesty of a woman?
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Answer (1)

Saachi Khurana

Saachi Khurana

  • Sector-1, Noida

The consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges. Whenever the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the Indian Panel Code, and, in such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Section 375 of the Indian Panel Code, and can be convicted for the offence under Section 376 of the IPC.

Answered on 28 Mar 2020


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