Boyfriend gives false promise of marriage for physical relationship

273 votes

Section 375 of the IPC defines rape as sexual intercourse by a man with a woman without her consent. Under this provision, if a man induces a woman to have sexual intercourse with him on the false promise of marriage, and he does not intend to keep the promise, it may be considered rape. Giving a false promise of marriage for a physical relationship may be considered rape under certain circumstances and the punishment for the same under Section 376 of the Indian Penal Code (IPC) is prescribed as imprisonment for a term of not less than ten years, but which may extend to imprisonment for life, and also a fine. Also, the act of blackmailing someone in return for sexual favours amounts to criminal intimidation under Section 506, IPC which is punishable with imprisonment of two years.
Alternatively, the accused may also be charged with cheating under Section 415 of the IPC, which defines cheating as intentionally deceiving a person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. Thus, inducing someone to establish physical relations under a false promise of marriage amounts to cheating such a person, the punishment for which may include imprisonment for a term that may extend to one year, or fine, or both.

LawRato LawRato

583 votes

Do you wish to punish the culprit or want to to get married to the same person.

Please make a specific query of your case.

Generally, Every Breach Of Promise To Marry Cannot Amount To Rape: Bombay HC Reiterates...

Granting anticipatory bail to an accused, the Bombay High Court recently reiterated the proposition that every breach of promise to marry cannot amount to rape.

Excerpt of the Bombay High Court Judgement

In a case of rape, the act of sexual intercourse is forcible and
without consent of the woman. However, the consent obtained by
fraud amounts to no consent and therefore, if there is sexual
intercourse with consent but obtained by fraud, it amounts to rape.
For example, if an illiterate woman is given promise to marry and
under that promise, her consent is obtained for sexual intercourse,
then, it can be said that the consent is obtained by fraud. Similarly,
if by hiding the identity or impersonation, consent is obtained, then
it is on playing fraud. So also, a married man obtains consent of
an unmarried girl under promise to marry by suppressing his
previous marriage, then that consent given by the unmarried girl to
have sexual intercourse is consent obtained fraudulently and it is no consent. Such and similar instances fall within the definition of
rape.


Previously, in number of such matters, this Court has taken a
specific view and has held that when a woman is major and
educated and depending on facts on the case, she is supposed to
be fully aware of the consequences of having sexual intercourse
with a man before marriage. In the event of consent obtained by
fraud, inducement is a necessary ingredient. There should be
some material on record to believe prima facie that the girl was
induced by the accused to such an extent that she was ready to
have sexual intercourse with him. Promise to marry cannot be
said to be an inducement in these types of cases. However, the
Courts now-a-days do come across registration of many cases of
the offence of rape under section 376 of the Indian Penal Code. If
the act is repeatedly committed, then, section 376 (2)(N) is also
invoked where the punishment is not less than 10 years. Thus, the
facts i.e., the life and liberty of the accused in view of the gravity of
the punishment on one hand and mental trauma, physical
sufferings of the girl on the other hand, are required to be
appropriately considered with balanced view.

Advocate Ibji Majid Anwar LawRato

773 votes

Legal action can be taken against your boy friend. You can file Criminal Case against him at your local police station Under Section 376 Of Indian Penal Code. and also for cheating. Court may give heavy punishment as Court deems fit.

Advocate Jagdish Sahebrao Mali LawRato

51 votes

Making a false promise of marriage for the purpose of establishing a physical relationship is a serious issue. In India, this act can be dealt with under various sections of the Indian Penal Code (IPC) depending on the circumstances. Here is an overview of the legal aspects:

1. Section 415 IPC - Cheating: If a person makes a false promise of marriage to establish a physical relationship and does not intend to fulfill that promise, they may be charged under Section 415 of the IPC for cheating.
2. Section 375 IPC - Rape: If a sexual act takes place under the false pretext of marriage, and the consent of the woman is obtained by deceit, it may constitute rape under Section 375 of the IPC, depending upon the facts of your case. 
3. Section 376 IPC - Punishment for Rape: If the sexual act amounts to rape under Section 375, the accused can be charged under Section 376, which prescribes punishment for rape.
4. Section 493 IPC - Cohabitation Caused by a Man Deceitfully Including Belief of Lawful Marriage: If a man induces a woman to believe that she is lawfully married to him and they cohabit under this belief, he may be charged under Section 493.

The exact charges and punishment depend on the specific circumstances of the case, the evidence available, and the discretion of the law enforcement and judicial authorities.

Advocate Chikirsha Mohanty LawRato