False accusations of rape nd false promises of marriage nd assault

945 votes

Hi there, in this case the FIR/Chargesheet will be required to scrutinizing the defence for your friend. Also, it's important to know if your friend has made any admission to magistrate and overall circumstances to make a defence. It's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

501 votes

From the facts shared, it appears the relationship between your friend and the woman was consensual. Later, she filed an FIR under Section 376 IPC, and he is now in custody. This case depends mainly on consent. If the relation was mutual and not based on a false promise, it is not rape. You should immediately file a regular bail. Keep all chats, messages, and call details to prove consent.

Advocate Nikhil Karwal LawRato

564 votes

I can help you , I have handled many false rape case . We can file application for bail . As your case is new right now so you need to file a fresh application to judge to avoid any delay and release from jail and flight for justice . Pls let me know how can I help you in this regards

Advocate Deepak Ranjan LawRato

665 votes

first we need to check the chargesheet and then will apply for bail on ground of false implication. To be very frank it's a whole time taking procedure you have to maintain patience in this matter would love to hear back from you and discuss about it .

Advocate Siddharth Srivastav LawRato

854 votes

In cases registered under Section 376 IPC, the offence is serious and non-bailable, but bail can still be granted by the Sessions Court or High Court depending on the facts. From what you have described, it appears that both were adults who met voluntarily through a matrimonial platform, interacted for a short period, met twice and had consensual physical relations. If the girl is a major and there was no force, threat or deception regarding marriage, then a later complaint alone does not automatically make it a rape case. Courts have repeatedly held that a consensual relationship between adults is not rape, even if the relationship was brief or later turned sour. Since your friend is already in judicial custody, a regular bail application should be filed urgently before the Sessions Court, and if required, before the Delhi High Court. Bail in such cases is often granted when circumstances indicate consent. It is very important to collect and preserve proof such as chat messages, call records, voice recordings or any communication showing voluntary interaction and friendly nature of the relationship. These greatly strengthen the bail application. The age of the girl and the exact allegations in the FIR are also crucial. If she is a major and there is no clear allegation of force or a false promise of marriage made with dishonest intention from the very beginning, the chances of bail are reasonably good. A local criminal lawyer in Delhi should be engaged immediately, as jurisdiction matters for speedy hearings. Courts have consistently ruled that a consensual physical relationship does not become rape merely because the woman later changes her mind or files a complaint. For a case based on promise of marriage, it must be shown that the promise was false right from the start and made only to obtain consent. The immediate priority should be securing bail. In many such cases, bail is granted within days to a couple of weeks if facts support consent. After bail, legal remedies like quashing of FIR can also be explored depending on evidence. In short, bail is possible even in a Section 376 case, consent evidence is the key factor, and custody usually does not continue long-term when circumstances show a consensual relationship.

Advocate Yuganshu Sharma LawRato