Married Woman Can’t Claim Rape On False Promise Of Marriage, Consent Needs Case-by-Case Review
Kerala Excessive Court docket stated a married girl can’t declare rape based mostly on false promise of marriage. Every such case should be judged on its distinctive details, the Court docket added.
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KOCHI: The Kerala Excessive Court docket stated that if a lady is already married, she can’t say that she was compelled right into a sexual relationship as a result of the person falsely promised to marry her.
However the Court docket additionally defined that each case of rape or sexual relation based mostly on faux guarantees of marriage must be judged by wanting on the full details of that exact scenario.
“It’s noticed that whereas contemplating the circumstances alleging rape on the premise of the promise of marriage, it’s troublesome for this Court docket at this juncture to enter right into a conclusion concerning whether or not the connection was consensual or not. All the circumstances must be considered particularly when a married girl enters right into a bodily relationship with one other individual. If each of the events are aware of a subsistent marriage it can’t be alleged that the sexual activity between them was with a promise to marry,”
-the Court docket stated clearly in its order.
This remark got here whereas the Court docket was listening to the bail request of a person who was booked underneath Part 84 (engaging or taking away a married girl with prison intention) and Part 69 (sexual activity by deceitful means) of the brand new Bharatiya Nyaya Sanhita (BNS).
Beneath Part 69, having intercourse with somebody by mendacity about marrying them is a punishable crime that may result in 10 years in jail.
The police had accused the person of getting intercourse with a lady after mendacity to her that he would marry her. He was additionally accused of taking Rs 2.5 lakh from her after which threatening to leak her non-public photographs and movies.
The person was arrested on June 13 and has been in jail since then.
His legal professionals stated that each one the accusations had been false. They claimed that the girl introduced up the rape case solely due to a cash dispute. Based on the protection, she made up the false promise of marriage solely to pressurize the person into paying her again.
The Court docket identified that, based mostly on earlier selections given underneath the now eliminated Part 376 of the Indian Penal Code (IPC), nobody can declare there was an actual promise of marriage if both of them is already married.
Since on this case, the girl is already married, the Court docket stated it’s “prima facie uncertain” whether or not the costs underneath Part 69 of the BNS would apply.
The Court docket additionally stated that the second cost underneath Part 84 of the BNS is a bailable offence, that means the accused can get bail simply.
Taking all these details under consideration, the Excessive Court docket granted bail to the accused man.
What Is Part 376 of the Indian Penal Code (Now Eliminated)?
Part 376 of the Indian Penal Code (IPC) prescribes the punishment for the offence of rape.
Fundamental Provision:
Any man who commits rape shall be punished with rigorous imprisonment for a time period not lower than 10 years, which can prolong to life imprisonment (that means imprisonment for the rest of the individual’s pure life), and shall even be liable to pay a effective.
Key Factors:
- A person is alleged to commit rape underneath Part 375 IPC (now repealed) if he engages in sexual activity with a lady:
- In opposition to her will,
- With out her consent,
- By threatening her or somebody she cares about,
- By impersonating her husband,
- When she is unable to provide legitimate consent as a consequence of intoxication, psychological incapacity, or being underneath 18 years of age.
- Part 376(2) offers enhanced punishment in aggravated circumstances, similar to:
- When the offender is a police officer, public servant, or ready of belief or authority,
- When the rape is dedicated throughout communal or sectarian violence,
- When the sufferer is pregnant, disabled, or underneath lawful custody,
- When the sufferer is underneath 12 years of age.
Repeal and Alternative:
With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, Part 376 IPC has been repealed. The equal provision now exists underneath Part 63 of the BNS, which carries comparable punishment and definitions with some modifications.
Courts nonetheless consult with Part 376 IPC when coping with offences dedicated earlier than the BNS got here into drive or when deciphering previous precedents.
The accused was represented in court docket by Advocates Ameen Hassan Ok and Rebin Vincent Gralan.
Public Prosecutor Noushad KA argued on behalf of the State.
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