What is the punishment in India for a boyfriend who gives a false promise of marriage for a physical

203 votes

Section 375 of the IPC defines rape as sexual intercourse by a man with a woman without her consent. Under this provision, if a man induces a woman to have sexual intercourse with him on the false promise of marriage, and he does not intend to keep the promise, it may be considered rape. Giving a false promise of marriage for a physical relationship may be considered rape under certain circumstances and the punishment for the same under Section 376 of the Indian Penal Code (IPC) is prescribed as imprisonment for a term of not less than ten years, but which may extend to imprisonment for life, and also a fine. Also, the act of blackmailing someone in return for sexual favours amounts to criminal intimidation under Section 506, IPC which is punishable with imprisonment of two years.
Alternatively, the accused may also be charged with cheating under Section 415 of the IPC, which defines cheating as intentionally deceiving a person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. Thus, inducing someone to establish physical relations under a false promise of marriage amounts to cheating such a person, the punishment for which may include imprisonment for a term that may extend to one year, or fine, or both.

LawRato LawRato

810 votes

Legal action can be taken against your boy friend. You can file Criminal Case against him at your local police station Under Section 376 Of Indian Penal Code. and also for cheating. Court may give heavy punishment as Court deems fit.

Advocate Jagdish Sahebrao Mali LawRato

983 votes

Do you wish to punish the culprit or want to to get married to the same person. Please make a specific query of your case. Generally, Every Breach Of Promise To Marry Cannot Amount To Rape: Bombay HC Reiterates... Granting anticipatory bail to an accused, the Bombay High Court recently reiterated the proposition that every breach of promise to marry cannot amount to rape. Excerpt of the Bombay High Court Judgement In a case of rape, the act of sexual intercourse is forcible and without consent of the woman. However, the consent obtained by fraud amounts to no consent and therefore, if there is sexual intercourse with consent but obtained by fraud, it amounts to rape. For example, if an illiterate woman is given promise to marry and under that promise, her consent is obtained for sexual intercourse, then, it can be said that the consent is obtained by fraud. Similarly, if by hiding the identity or impersonation, consent is obtained, then it is on playing fraud. So also, a married man obtains consent of an unmarried girl under promise to marry by suppressing his previous marriage, then that consent given by the unmarried girl to have sexual intercourse is consent obtained fraudulently and it is no consent. Such and similar instances fall within the definition of rape. Previously, in number of such matters, this Court has taken a specific view and has held that when a woman is major and educated and depending on facts on the case, she is supposed to be fully aware of the consequences of having sexual intercourse with a man before marriage. In the event of consent obtained by fraud, inducement is a necessary ingredient. There should be some material on record to believe prima facie that the girl was induced by the accused to such an extent that she was ready to have sexual intercourse with him. Promise to marry cannot be said to be an inducement in these types of cases. However, the Courts now-a-days do come across registration of many cases of the offence of rape under section 376 of the Indian Penal Code. If the act is repeatedly committed, then, section 376 (2)(N) is also invoked where the punishment is not less than 10 years. Thus, the facts i.e., the life and liberty of the accused in view of the gravity of the punishment on one hand and mental trauma, physical sufferings of the girl on the other hand, are required to be appropriately considered with balanced view.

Advocate Ibji Majid Anwar LawRato