Sex on marriage promise is not always rape: Delhi HC
NEW DELHI: Sex on promise of marriage doesn’t constitute rape if the woman continues to have consensual physical intimacy over a long period of time, Delhi High Court has observed.
Quashing a rape case filed by a woman who off and on had a physical relationship with a man for months, the court noted, “A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time.”
Justice Vibhu Bakhru noted that sexual relationships could be said to be induced on false promise of marriage if the victim fell prey to it momentarily. “In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same. Such inducement in a given moment may elicit consent, even though the concerned party may want to say no,” the court explained.
Only in such cases a false promise to marry with the intention to exploit the other party “may vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375”, it added.
But when there is a continuing intimate relationship, “which also involves engaging in sexual activity over a significant period of time,” the same can’t be seen as “involuntary and secured not by affection but only on the lure of marriage,” it observed.
Justice Bakhru upheld a trial court order acquitting the man of rape charge. It was hearing an appeal by the woman, who claimed the accused had cheated her and established repeated physical relation by making a false promise of marriage and had left her for another woman.
The high court said it was evident that the woman established physical relations on her own free will and accord as she had genuine affection for him. It agreed with the finding of the trial court that her consent for physical relations had not been obtained by making any promise of marriage, but talks of marriage, if any, took place later.
譯文來源：三泰虎 http://www.254983.tw/p/51557.html 譯者：Jessica.Wu
A R S
Great judgement and it's a big blow to those girls who initiate to make false allegations against their boyfriends to implicate them in rape charges..
Very good judgement. Actually the definition of Rape needs to be revised in view changing society. Labelling consensual sex as Rape actually dilutes the crime
What about the punishment to women for false allegations.. Its very easy for a female to get away by putting false allegations, but have you ever thought about the Boy and his family.. And what about the boy, his life is ruined..
Sensible Decision, for once.
Any woman who is prepared to have sexual relationship before marriage should take the consent of marriage in writing before indulging in sex.
A very welcome judgement!
Finally! This judgement is trying to provoke me to see the judiciary in a different, better light. Bravo!
Girls should not indulge in sex before marriage. If they want to, then it should be their own enjoyment, and not as a bait for the guy to marry them.
why girls don't get promise in writing on 1000? stamp paper and go to bed With boy,,,????
Consensual sex should not be considered as rape even if the woman/man decides to break up. Every man/woman must consider repercussions before indulging in sexual activity.
Tsr The Urbanist
Wish SC also defines the timelines for the disposal of Rape related cases within 90 days to cut down on the mental agony the victim undergoes
Its common sense. Sex before marriage is not uncommon, it is like taking sample. According to me it is necessary. If you are going to spend a lifetime with your partner, you’ve have to know what you are in for.
It is safe for women to marry first before having physical relationship. if only marriage is the goal, why dont you wait till marriage.
Firstly it is totally immoral and against natural world laws, to have sex before marriage. Modern concept of live-in relations and then decide to get married or not like most bollywood are doing copying the western stars, so are the young fools doing it for fun, and parents glaring at their relations
John K V
this is very good decision by the SC. which decent lady will agree to have intimate sex before marriage. so young ladies be careful
Absolutely correct verdict.
The person should file a defamation suit.
Why do woman give their chhhhoooooot before marriage
Why women give into men at all on mere promise of marriage? They should insist on marriage first.