HC: Sex with promise of marriage not always rape
New Delhi: 17.12.2020
Sex with the promise of marriage doesn’t constitute rape if the woman continues to have consensual physical intimacy over a long period of time, Delhi High Court has observed, reports Abhinav Garg.
Quashing a rape case filed by a woman who off and on had a physical relationship with a man for months, the court noted, “A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time.”
Justice Vibhu Bakhru noted that sexual relationships could be said to be induced on false promise of marriage if the victim fell prey to it momentarily. “In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same. Such inducement in a given moment may elicit consent, even though the concerned party may want to say no,” the court explained.
Only in such cases a false promise to marry with the intention to exploit the other party “may vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375”, it added.
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