Promise of false marriage and sexual contact
02-Sep-2023 (In Criminal Law)
One army person used to say that he will marry me On that he convinced my parents and since then both of us used to chat with each other on phones. He also had sexual intercourse with me on false promise of marriage. Later he refused me. I made fir against him (417,420,376 ipc). after 14 days remand he got bail. And charge sheet is not prepared yet. How can move this case to army court. Is there any way to move this case to army court, will they give justice for me or not?
Hi, it is very unfortunate that the person you have loved has deceived you on false promise of marriage. The way things went in your case appears to me, as if that man has made false promise to get intimate with you. It's very a painful situation. Yes, you should take some legal action to fix this man.
What is the Supreme court judgment on promise to marry?
In this case, the court ruled that a false promise of marriage could not be construed to be a misrepresentation of facts, since both the man and woman knew that their families would oppose the marriage. She consented to the act voluntarily. 12-Aug-2023
Is promise to marry not cheating?
The Karnataka High Court, while dismissing the FIR filed against a mans family, has reiterated the fact that failing to fulfill a marriage promise will not constitute cheating as defined in section 420 of Indian Penal Code. 24-Jan-2022
What is the punishment for false promise of marriage?
Section 69: Whoever has sexual relations with a woman by deceitful methods or promises to marry her without the intention to do so, will be punished by imprisonment for up to 10 years, as well as a fine. 11-Sept-2023
When the cases started increasing where a known person obtained consent for sexual intercourse from the victim based on false promises to marry, it became very essential to control such situations. So, it was laid down that if a boy obtains consent based on a false promise to marry, then he would not be excused from the charges of rape. In such a case, it would be considered that he had committed rape on her and will be charged under Section 375 of the Indian Penal Code. The punishment would be given to him according to Section 376 of the Indian Penal Code.
According to Section 375Â of the Indian Penal Code, a man is said to commit rape if he penetrates, inserts manipulate and applies his mouth to the vagina, anus, urethra of a woman or make her do so with him or any other person under the circumstances falling under any of the following descriptions. Firstly, against her will. Secondly, without her consent. Thirdly, when her consent is obtained by putting her in fear of death or hurt of the person in which she is interested. Fourthly, when she gives consent believing that the man is her lawful husband. Fifthly, when her consent was obtained at that time, she was not able to understand the nature and consequences of the act. Sixthly, when consent was obtained, she was under eighteen years of age. Last but not least when she was not able to communicate the consent
According to Section 375Â of the Indian Penal Code, a man is said to commit rape if he penetrates, inserts manipulate and applies his mouth to the vagina, anus, urethra of a woman or make her do so with him or any other person under the circumstances falling under any of the following descriptions. Firstly, against her will. Secondly, without her consent. Thirdly, when her consent is obtained by putting her in fear of death or hurt of the person in which she is interested. Fourthly, when she gives consent believing that the man is her lawful husband. Fifthly, when her consent was obtained at that time, she was not able to understand the nature and consequences of the act. Sixthly, when consent was obtained, she was under eighteen years of age. Last but not least when she was not able to communicate the consent
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