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How important is 164 statement and 161 statement- false promise marry


23-Jun-2023 (In Criminal Law)
In 164 the prosecutrix mentioned that she booked the hotel room by herself and she didnt mention anything about sex, in 161 she mentioned various places that she gave consent because boy said he loves her. The promise of marriage according the FIR happened much later. Now in most of the judgements it says that its considerered false promise only when it happens post promise to marry but what if sex happens before and girls 161 and 164 shows that she was having sex chat with the guy prior.
Answers (2)

Answer #1
550 votes
Yes...if the promise of marriage was done after the sexual activities then the accusation will not hold its testified importance. And if there was any kind of consent involved even in the sexual activities then also it will not be counted under section 376. It's just a matter of arguments & cross exams. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
659 votes
You need to hire expert advocate for such type of cases as little knowledge is always dangerous ! It’s complete matter of trail & how the expert advocate does cross examination etc ! All the best n b in touch
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Advocate D. Khan

Adv. D. Khan

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