Legal action against boy for fake promise of marriage

662 votes

If the allegations are substantial then the chances are bright.
However, if there is not much evidence and these are false allegations then its better not to go ahead with such plans.
You may explore other options in that case.

Advocate Sahil Mongia LawRato

769 votes

At the outset of my opinion, I wish to throw some light on the definition of “Rape” as laid down under section 375 of Indian Penal Code.
Section 375 of IPC:
375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de¬scriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law¬fully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe¬fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Upon analysing the aforesaid definition, it is clear that to constitute an offence u/s 376 IPC, your friend will have to satisfy the conscience of the court that the act of getting physical was done without obtaining the “due consent” of your friend.
“IPC does not define consent in positive terms. But what cannot be regarded as consent is explained by Section 90 which reads as follows:
Consent given firstly under fear of injury and secondly under a misconception of fact is not consent at all. Therefore it is clear that in order to constitute an offence of Rape, it has to be established that the consent was obtained deceitfully under misconception of fact i.e. by giving false assurances of marriage.

However, it appears that the judicial consensus i.e. previous stands taken by various courts on similar circumstances, reveals that to establish that the consent was taken fraudulently under a misconception of fact, it has to be analysed if the intention of cheating was from the very inception and all the following acts were done in lieu of the same.
Similarly there are number of judgments which clearly states that a false promise to marry cannot fall under misconception of fact and that the consent given by the woman to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact but they added that there is no strait jacket formula for determining whether consent given by the woman to sexual intercourse is voluntary, or whether it is given under a misconception of fact and that the courts needs to look at surrounding circumstances and weigh the evidence keeping in view the fact that the burden is on the prosecution to prove each and every ingredient of the offence, absence of consent being one of them.

Conclusion: It may be concluded that there is no straight jacket formula to establish ‘consent” and the future of the case would depend upon the facts and circumstances of each case. I would therefore advise you state the facts of the case to get a better/exact analysis of the whole situation. Also, it may be noted that subsequent to analysing your facts, I can also assist you with the judgments supporting your views and take it forward.

Advocate Tushar Sharma LawRato

787 votes

If both are adults and consented to the intercourse then the girl has no chance to allege this. However the trial will go on and the boy will need to prove that he had never forced himself on her....

Advocate Palak Nenwani LawRato

560 votes

Hi,
The success of every case depends on the facts and circumstances. As per your question here, it seems that the complaint has been filed now. It needs to be investigated and presented to court in right manner to get the justice.

Advocate Ganesh Singh LawRato