Want to file a case of 376 as promised to marry before sexual relation

i filed Fir against a boy, under ipc 376, tomorrow i m going to submit it in police station, how many days police will take to arrest him? and what are the chances for his bail, can he get bail in this ipc? he is a fraud, i got girls from shadi.com and never married them, i checked his records with two more girls, but that girl dont want to show their identiry that is understood for me, but want him to send jail... is there any chances that he could escape from imprisionment..?

Answers (3)

251 votes

Every breach of promise to marry could not amount to Rape. “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 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. So please be sure with evidences you produced tends to signify that he has cheated you.

- Section 376 of IPC

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

66 votes

Filing of FIR will sets the criminal law in motion and police officers will conduct an inquiry regarding the same. Arrest of the accused is based on the gravity of the offence. However, in such henious crimes, arrest is compulsory. Bail is a matter which is left on discretion of Courts. In my opinion, go and lodge and FIR against the accused.

Popular Criminal Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
82 votes

Yes it is a case of tape on the pretext of marriage if anyone made physical relations then you can file or lodge FIR...SECONDLY the chances of the bail of a boy is less ..untill n unless he is having evidence or proof which shows that he has been falsely implicated in the present case...for that u need to hire a solicitor/advocate for opposing bail .....rest you can contact on my no.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

We are 5 friends A B C D & me and all are working in the Indian Army & I am just retired. One day A call me and told that we are going to my v…

Read More

There is a case (420, 12B) filed in November 2004. There was arrest and bail in 29 days. Police submitted the case in July 2017 almost after 12 and ha…

Read More

My elder brother's wife was suffering from Cough & Cold. She was provided treatment as per my brother's ability. She undergone treatment i…

Read More

Respected, mera selection central industrial secirity force mai constable post par hua hai. 3/6/17 meri reporting date thi. Mera joining nahi ho paya …

Read More