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Need Amendment To Define What Constitutes Sexual Intercourse On False Promise To Marry: Orissa High Court

Team SoOLEGAL 5 Apr 2021 3:20pm

Need Amendment To Define What Constitutes Sexual Intercourse On False Promise To Marry: Orissa High Court

On Wednesday, 31st April 2021, Orissa High Court while hearing a bail application had held that, the law which states that having sexual intercourse by giving a false promise of marriage amounts to rape, is erroneous in nature and needs more clarification. However the Court had rejected the bail application by stating that the plight of the victim and probability of the accused for damaging her image need to be looked into. The Court was of the view that, an amendment is necessary in order to find out what constitutes sexual intercourse with the victim on giving false promise of marriage.

Justice SK Panigrahi was hearing this case in which the woman had alleged that, the applicant had developed a physical relationship on the false pretext of marrying her. The woman had also alleged that, the applicant had given her medicine for abortion after getting her pregnant twice. The applicant did not agree to marry her and that was the reason her parents fixed her marriage elsewhere.

After this incident the applicant had made a fake facebook account and posted their personal pictures which had destroyed the image of the woman and that is the reason because of which her marriage was broken. An FIR was lodged against the applicant under various sections of Indian Penal Code, 1860 and Information Technology Amendment Act, 2008. The Court had referred to a judgement of Supreme Court Anurag Soni Vs. State of Chhattisgarh[1] where the Supreme Court had held that, if an accused has made a promise of marriage without any intention of fulfilling that promise and has given consent in place of such promise that the accused would marry her, then such consent will not be a valid consent.  

The Court by rejecting the bail application of the applicant had stated that, as rape laws have clear definition, in same way the acts related to sexual intercourse with the prosecutrix on the pretext of false marriage should also have detailed definition.  



Tagged: Orissa High Court   Justice SK Panigrahi   physical relationship   physical relationship   fake facebook account   Indian Penal Code   Information Technology Amendment Act   Supreme Court  
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