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Help needed in Promise to Marry 376-417 Case
18-Feb-2023 (In Criminal Law)
This is a promise to marry case though there was never any promise. Obviously there is no documentary evidence of that as well. Girl has complained after 6 months that there was verbal promise and based on that they had sex a couple of times. Boy realized true nature of the girl and moved away after few months of relationship.
Family and friends were not aware, no engagement ceremony etc were performed, neither there was any concealment/misrepresentation from boy's side. Girl is major and working lady.
1. I know in such cases, complainant's statement is enough. Will court accept marriage promise and physical relation only based on girl's word even though there is no medical or any other hard evidence?
2. What is possibility of conviction in such cases? Is quashing possible?
Dear Sir,
The tendency of Courts is to be taken into consideration irrespective of your evidence. The existing atmosphere makes Courts to believe the version of victim girls. So your advised to hire services of experienced advocate on criminal side and see that the victim is cross examined from all angles and the prosecution is destructed.
The tendency of Courts is to be taken into consideration irrespective of your evidence. The existing atmosphere makes Courts to believe the version of victim girls. So your advised to hire services of experienced advocate on criminal side and see that the victim is cross examined from all angles and the prosecution is destructed.
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16+
16+
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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According to the newly proposed Bharatiya Nyaya Sanhita bill (BNS), if a male promises to marry a female but does not intend to and has consensual sex with her, this will be a crime under Section 69. The BNS Bill is one of the three drafts of criminal law brought forward by the Union Government. 11-Sept-2023
sir in this regard there is supreme court decision which says promise to marry is not an offence and if any case is filed just apply for anticipatory bail and then go for quashing of FIR and complaint, further as she is a major the chances of acquittal are 90 percent if chargesheet is filed
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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If there was consent of the girl and sexual relation happened and if such is being proved by the boy , it will not constitute to rape or deceit and if proved it will come down heavily on the girl, there are other ways to trap the boy and put him behind bars
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Adv. Aveek Bose
Kolkata | 500+ Answers
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