Team  SoOLEGAL

Delhi High Court: “Sex on pretext of marriage is not always rape”

Team SoOLEGAL 18 Dec 2020 4:25pm

Delhi High Court: “Sex on pretext of marriage is not always rape”

On Thursday, while hearing a rape case matter, Delhi High Court was of the view that having sex on the excuse of marriage does not represent rape if the woman continues to have intimate or sexual relationship for a long period of time. According to the Delhi High Court, promise of marriage cannot be taken as a temptation for sexual relationship which has been for over a prolonged time period.

According to Justice Bibhu Bakhru, people are ready for sexual relationship after promise of marriage, which will certainly not be applied to the cases where the intimacy between the two people has been there for a long period of time. In certain cases, the promise of marriage may tempt a party to have intimate relationship even though the party does not want to agree to the same.

The Court made observations while releasing a man who was accused of rape. The woman informed the court that the couple had physical relationships in the year 2008 and after three to four months, the man promised to marry her and the couple eloped together. The court dismissed the charges that were made against the man.

The Delhi High Court said that in cases of false promise to marry, the other party can agree to vitiate and thus constitute an offence of rape under Section 375 of the Indian Penal Code, 1860.

 



Tagged: Delhi High Court   rape case matter   Justice Bibhu Bakhru   Indian Penal Code  
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