Legal Aids Pro Bono
False promise of marriage and rape cases are legally complex and often revolve around the intention and consent of the parties involved. Here’s a clear and professional legal explanation: from the office of Hon. Dr Anthony Raju Advocate Supreme Court and Leading Criminal Advocate and Rape Cases Expert
🔍 What is Rape on the Pretext of False Promise of Marriage?
When a man induces a woman to engage in sexual intercourse by falsely promising to marry her, and later fails to fulfill that promise without any genuine intention from the beginning, it may constitute rape under Section 375 of the Indian Penal Code, as interpreted by courts.
However, not every broken promise of marriage amounts to rape.
📜 Legal Provision:
Section 375 IPC (as amended): Defines rape.
Section 90 IPC: Defines when consent is not valid, especially if given under misconception of fact.
🧷 Key Ingredients to Prove Rape under False Promise of Marriage:
✅ 1. Misconception of Fact (Section 90 IPC)
The woman must have consented to sexual intercourse only because of the promise of marriage.
The promise must have been false from the beginning.
✅ 2. False Intent at the Inception
The accused never intended to marry the woman at the time of making the promise.
If the intention was genuine initially but later changed due to circumstances, it’s not rape.
✅ 3. Active Misrepresentation
There must be active inducement, not mere silence.
The accused must have intentionally misled the woman into believing marriage would follow.
✅ 4. No Voluntary Consent
If the woman gave consent freely and with full understanding, without any coercion or deceit, it’s not rape.
⚖️ Important Judicial Observations:
📌 Supreme Court – Pramod Suryabhan Pawar v. State of Maharashtra (2019)
> “Consent with an understanding that the promise of marriage is genuine. If the promise is not genuine and was never intended to be fulfilled, it vitiates consent.”
📌 Delhi High Court – Uday v. State of Karnataka (2003)
> “If at the very inception the intention to marry did not exist, and still the promise was made only to gain sexual favours, it amounts to rape.”
❌ When It is NOT Rape:
1. Consensual relationship over a long period with full awareness, without coercion.
2. Genuine relationship where marriage could not happen due to family pressure, caste, social, or financial issues.
3. Breakup due to mutual disagreement or changed circumstances.
✅ Summary:
Element Must Be Proven To Show Rape?
Promise was false ✅
Made with no intent to marry ✅
Consent based solely on promise ✅
Consent not voluntary ✅
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