Threaten of accusation of false rape case and contempt of ipc 376

993 votes

Consensual sex is not rape unless the promise to marry was deceitful from the start. Since your delay is due to employment, preserve all chats showing your intent. You can and should lodge a preventive complaint at your local police station if you are facing threats of false accusations. Section376/69BNS

Advocate Yash Ajmani LawRato

906 votes

If the physical relationship was consensual and there was no false promise of marriage from the beginning, Section 376 IPC is generally not attracted, as a breakup or refusal to marry is not rape by itself; preserve chats and call records showing consent, avoid direct conflict, and be ready to seek anticipatory bail if a complaint is filed, as strong evidence of a voluntary relationship will support the defence

Advocate Nikhil Karwal LawRato

526 votes

If the relationship was consensual and there was no false promise of marriage from the beginning, Section 376 IPC (rape) is not attracted merely because marriage did not happen later. However, allegations of “sex on false promise of marriage” are taken seriously. Preserve all chats, messages, and proof of consent. Do not contact or threaten her. If she files a complaint, immediately seek anticipatory bail. You may also file a preventive complaint if she is blackmailing or threatening you.

Advocate Abdullah Akhtar LawRato

823 votes

Hi there, since there was communication between you two regarding marriage it's going to be a complex situation. However in order to guide you I'll be needing additional details about your circumstances and relationship. It's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

605 votes

This advice is issued on the basis of the facts stated by you regarding a consensual relationship of about ten months, during which there were repeated discussions about marriage. You have stated that you were clear that you were not in a position to immediately discuss marriage with your parents due to unemployment and sought time, that physical relations were consensual, and that you possess material indicating mutual consent. You have further stated that thereafter the woman began pressuring you to marry, threatened to approach your parents, and has made allegations under Section 376 IPC. Under Indian criminal law, a consensual physical relationship between two adults does not become an offence merely because the relationship later breaks down or marriage does not take place. Courts have consistently held that not every promise to marry, or a delay in marriage, amounts to a false promise attracting criminal liability. For an allegation of rape on the ground of promise of marriage to sustain, it must be shown that the promise was false from the very beginning and that the accused never intended to marry, and that consent was obtained solely on that deception. If the relationship was consensual, developed over time, and the discussions regarding marriage were conditional or uncertain, criminal liability may not arise. Threats to falsely implicate a person in a criminal case or to coerce marriage can themselves amount to misuse of the criminal process. If there is material such as messages, chats, or recordings showing consensual conduct, your consistent position regarding marriage, or pressure and threats from the other party, the same is legally relevant and should be preserved carefully. If a criminal complaint or FIR has already been lodged, the law provides remedies including seeking anticipatory bail and placing the full factual background and supporting material before the court. Courts examine such cases with caution to ensure that criminal law is not used as a tool for coercion or personal vendetta. If no FIR has yet been registered, maintaining a clear written record of your version and preserving evidence is important. At the same time, it must be understood that allegations under Section 376 are taken seriously, and outcomes depend heavily on facts, consistency of statements, and evidence. The matter would ultimately be assessed by the investigating agency and the court on the basis of the entire conduct of both parties.

Advocate Yuganshu Sharma LawRato