Every breach of promise to marry not to amount as rape: Bombay HC

Bombay High Court recently repeated its proposition that every breach of promise to marry cannot amount to rape, while granting an anticipatory bail to an accused. Justice Mridula Bhatkar stated that such cases are “ unfortunate but routine case” . She further said that initially a boy and a girl may genuinely want to marry and may establish a sexual relationship owing to their true emotions towards each other. She observed that, “ They may find that they are not mentally or physically compatible and one decides to withdraw from the relationship. Under such circumstances, nobody can compel these two persons to marry only because they had sexual relationship. It is necessary to have a healthy, objective and legal approach towards these incidents. There may be moral bonding between the two persons when they indulge into sexual activities with promise to marry and it is also a fact that ultimately women only can remain pregnant and therefore, she suffers more than the man. However, in law, this cannot be labeled in any manner as a rape” . The court made this observation while hearing an application for anticipatory bail filed by Mr. Akshay Manoj Jaisinghani who was charged with offences under Sections 376 (punishment for rape), 504 (intentional insult with intent to provoke breach of the peace) and 506 (criminal intimidation) of the Indian Penal Code. The complainant is a woman who is an interior designer by profession. She had alleged that the consent for sexual intercourse was obtained fraudulently under the false promise of marriage. The accused contented that the sexual relationship was consensual and the consent was not obtained by fraud. The court ordered in favor of the accused while taking a reference of the judgment in the case of Mahesh Balkrishna Dandane vs. State of Maharashtra, wherein it was held that subsequent withdrawal of a bonafide promise of marriage cannot bring an act of consensual sexual intimacy under the purport of offence under section 375 of IPC i.e., rape.

Adults consenting to a physical relationship do so on their own wish. They must understand that when you consent for sexual intercourse you cannot hold your partner liable for it, neither can you legally accuse him every time your relationship doesn't work. However if your partner abuses you or cheats on you, it shall not come under such consent and you can claim relief for it.