Consensual sex on false marriage promise

Question

Consensual sex on false marriage promise

29-Sep-2023 (In Criminal Law)

Cisf ASI guy had sex on false marriage promise but later denied for marriage. It was consensual sex. Can I file 376 on him?

Answers (3)

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Advocate Hemant Chaudhary LawRato · Accepted Answer · 2021-09-30T18:36:06+05:30

Answer #1

Hi , yes an FIR can be registered against a person who commits physical relationship with a women after promising her to get married ..It is advisable to file a complaint before the women cell and get the FIR registered

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Adv. Hemant Chaudhary Adv. Hemant Chaudhary

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Advocate Ranbir Singh LawRato · Accepted Answer · 2021-09-30T22:52:14+05:30

Answer #2

Hello you can file a police complaint and get registered FIR against the boy for indulging in sex on the false promise of marriage with a intention to deceive you, it is an offence which amounts to rape under IPC. Malafide intention of the accused and false promise by the accused are important ingredients for a offence of rape defined under section 375 IPC. If consent is obtained deceitfully or fraudntly it is rape.

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Advocate Amit Sharma LawRato · Accepted Answer · 2021-10-18T12:28:00+05:30

Answer #3

Yes you can file fir under 376 against him. He will take a defence that it was consensual but in your case it was not obtained freely . There is provision in IPC that even if there is consent but it is manipulated or misrepresented then it will not be considered freely

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Adv. Amit Sharma Adv. Amit Sharma

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