Skip to main content

Breach of Promise to Marriage

Breach of Promise to Marriage

The need for new rape laws in India was felt as the prevalent laws in India were not appropriate. The Supreme Court after the Delhi Gang Rape Case, 2012 had recognized the inadequacies in the laws relating to rape and had suggested that the legislature should bring about the required changes. The Law Commission had examined the entire laws relating to rape in the Indian Penal Code and had suggested a complete overhauling of the law. The new law after the 2013 Criminal Amendment made changes in Section 375 of IPC stating rape. The law expanded the definition of rape including penetration by objects or by any part and also included the seven clauses of rape.

As per clauses second, third, fourth and fifth of Section 375, Rape is committed if the man has sexual intercourse with a women without her consent or if the consent has been obtained by force or fraud, or if there is a consent obtained by a misconception of fact. Section 90 of the IPC defines consent. It states that an invalid consent is one whereby the consent is obtained under fear of injury or misconception of fact.The questions now to be closely dealt with is, firstly, whether consent obtained in the pretext of a false promise to marry is a valid consent or not and, secondly, whether sexual intercourse after such a consent will amount to rape or not.

The Supreme Court of India held that sex based on false promise of marriage can be rape in certain cases. The court observed that there is a clear distinction between rape and consensual sex. [1] Also, it is the duty of the court to very carefully examine whether the accused had actually wanted to marry the victim or had mala fide intentions [2]. If the accused had made a false promise to marry, it will fall within the ambit of cheating or deception [3]. Also, there is a difference between mere breach of marriage or not fulfilling a false promise [4]. It was further examined whether the consent involved was given after wholly understanding the nature and consequences of the sexual act [5]. When there is ‘promise to marry’ in question the courts have had two faces of judgments. Firstly, consent obtained by false promise of marriage is an invalid consent and it will further amount to rape [6]. Secondly, a promise to future marriage is not really the misconception of fact and a man can change his mind whenever he wants to[7]. Based on these two faces, the conclusion drawn by the court in various cases is the intention of the man who thus promises to marry which is to be considered. [8] If it is proved that the man had no intention to marry since the very beginning, it will amount to rape. [9] However if the man had the intention to marry, but failed to marry the girl due to some reason, some circumstances or a change of mind, it will not amount to rape [10].

Conclusion:
Henceforth it is very clear from the above article that there is still no certainty that sex with a false promise to marriage would amount to rape. The fact that whether sex with a false promise to marriage amounts to rape would depend upon the circumstances and determined by the court upon the circumstances prevalent. The researcher is of the conclusion that the law regarding the same should have a little certainty as such cases are immense.

_______________________________________
1. Deepak Gulati Vs. State of Haryana; Criminal Appeal No: 2332 of 2010
2. Uday Vs. State of Karnataka; Criminal Appeal No: 336 of 1996.
3. Arjun Gupta Vs. State of Jharkhand; Criminal Appeal No: 1116 of 2013.
4. Mir Wali Mohammed Kalu Vs. State of Bihar; Cr. Misc. No.: 3128 of 1984.
5. Abhoy Pradhan Vs. State of West Bengal; Criminal Appeal No: 351 of 1998.
6. Anjinappa Vs. State of Karnataka; Criminal Appeal No: 1833 of 2006.
7. Md. Jakir Ali Vs. The State of Assam; 2007CriLJ1615.
8. Sujit Ranjan Vs. State; Criminal Appeal No: 248 of 2010.
9. Bipul Medhi Vs. State of Assam; 2008CriLJ1099.
10. Sujit Ranjan Vs. State; Criminal Appeal No: 249 of 2010.

Popular posts from this blog

Art of Cross Examination used by: Sr. Adv. Ram Jethmalani, Supreme court

“The issue of a cause rarely depends upon a speech and is but seldom even affected by it. But there is never a cause contested, the result of which is not mainly dependent upon the skill with which the advocate conducts his cross examination.”- Francis L. Wellman

When asked, the undisputed champion of cross-examination, Mr. Ram Jethmalanidescribed the art of cross-examination as the most effective weapon for the discovery of truth, provided the objective is not to confound a truthful witness but to extract truth from an unwilling witness.
The search for truth is the ultimate and idealistic end of all litigated matter in a court trial, and that truth is obtained due to the process of cross examination in the conduct of litigation.

Mr. Jethmalani understands that in India where large number of complaints and cases are filed in civil and criminal courts every day, delay in justice is common due to the rapidly growing pendency of cases in courts. Examination of witnesses plays an important …

Rights to Constitutional Remedies- Writs under Art. 32 and 226 of Indian Constitution

Under the common law system, a writ is meant to be a written order, informal in nature which is issued by either by an administrative or judicial body. The aim of this paper is to identify writs as a constitutional remedy. The paper is divided into four parts. The first part would deal with the origin, purpose of writs which would examine the historical developments that took place with respect to writs. The second part of the paper would be specific to the Indian Legal Systems. This part would closely examine the existence and use of writs as per the provisions of the Indian Constitution as a constitutional right to remedy. The third part of the paper would elaborate on all the types of writ remedies and its usage in the Indian Legal System. The last part of the paper would be the conclusion that would deal with appraisal and the critical analysis of writs. The purpose of this paper is to celebrate writs as a powerful constitution remedy and highlight the importance of the same in th…

Dishonour of Cheque: Punishment under NI Act

INTRODUCTION:Negotiable Instrument literally means any promissory note, bill of exchange or cheque, and in easier terms, it means a piece of paper which will hold the promisee to claim some amount of money out of the paper. Section 6 of the Negotiable Instruments Act defines the word cheque. It further is classified as Bearer Cheque, Crossed Cheque, Self Cheque, Post-dated cheque, Banker’s cheque and traveller’s cheque. In general sense, cheques are the easiest way to transact in the present times. One may easily transfer money through cheques over long distances on a daily basis. On one hand, wherein cheques are used to transact daily over the relationship of trust, it is always advisable on the face of it during transactions that the cheque be issued in the crossed account payee section to avoid its misuse. It is also stated that the transactions as these cheques are not negotiable to any other person than payee, it gives a prima facie advantage to both of them. In a layman’s langua…

Advt.