Legal Remedy in case girl friend threatens to file rape case on bf

652 votes

Dear Client, as explained you were in a relationship with a girl for almost two years and did not promise to marry her but now she is threatening you to file and case against you on the basis of photographs available with her. Yes she can file a case on the basis that you had physical relationships on the false promise to marry. But in the Indian legal system there are conflicting views on this issue wherein some Courts consider that a girl being a major and mature enough to understand the consequences of her action cannot claim rape. Simultaneously there are other Courts which are inclined to invoke section 375(4) of Indian Penal Code in accordance to which, a man is guilty of commission of rape on a woman if he has knowledge that he is not her husband, but she gave her consent because she believed that he was another man to whom she is or believed herself to be legally wedded. The courts have to believe that the victim did not give her consent if she deposes so. India’s stringent rape laws bind the courts under Section 114A of the Indian Evidence Act to presume that the victim has not given her consent if she deposes that she did not give consent and Section 90 of IPC constitutes consent obtained under a misconception of fact to be invalid.
It is always advisable to have a detailed discussion of your case before giving any legal opinion. Feel free to contact. Thankd & Regards.

Advocate Megha Kain LawRato

521 votes

These types of allegation are very common now a days , The answer of your query is definitely yes. She can File a criminal case against you , and it will be a matter of investigation whether you have committed it or not. It will be safer on your part to firstly intimate the police by lodging a complaint against her that she is threatening you and trying to trap you in a false criminal case. That will be safer on your part.

Advocate Dinesh Kumar Sabharwal LawRato

923 votes

Dear querist

A case can be filed by your girlfriend against you alleging all those charges against you. However I would suggest that you file a criminal complaint against her alleging extortion and harrassment before she proceeds to initiate any action against you.

Advocate K.V. Muthu Kumar LawRato

920 votes

If she has a picture with you where she is wearing sindur, it will be difficult to show to the court that you never promised to marry, unless you say that there is no other evidence like SMS, Watsapp, Email, FB Chat, Letter, Call Recording etc. Even then this picture may need some justification, like the fact that you were preparing for some theatre performance and thought that you guys may click a pic together. Any way, there may be many other details that may give a solution.

Advocate Prateek Kumar LawRato