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Marital Rape And False Promise of Marriage: Key Judgments and Legal Evolution in India

By Advait1995 | Views 12425

In this article, we will endeavour to understand the concept of Statutory Rape as was enshrined in the Indian Penal Code, 1860, and now its newer avatar as Bhartiya Nyaya Sanhita, 2024. Through the lens of this article, we will endeavour to understand the contours of Statutory Rape through illustrative case laws.

Naim Ahmed Vs State Of NCT Of Delhi [(2023) 4 SCC 46] - In this case, the prosecutrix was married and had three children. Despite that, she had sexual intercourse with the appellant/petitioner. The Hon’ble Supreme Court of India quashed the case against the appellant/petitioner on the ground that since the complainant was a married woman, it could not be said by any stretch of imagination that there was any false promise towards marriage.
Xxxx Vs State Of Madhya Pradesh And Anr [(Criminal Appeal No. 3431 of 2023)] - In this case, the complainant was the neighbour of the petitioner/appellant and was already married, with two children as well. She alleged that she had sexual intercourse with the petitioner/appellant, alleging that she did so as he had promised to enter matrimony with her. The Hon’ble Supreme Court of India quashed the First Information Report pertaining to rape, opining that since the complainant was already married and the mother of three children, there was no question of a “false pretext of marriage”.

Let us now understand the other facet of “rape on the false pretext of marriage” through other case laws:

Uday Vs State Of Karnataka [(2003) 4 SCC 46] - In this case, the petitioner and the complainant got sexually intimate after being introduced through mutual friends. She alleged that on the pretext of marriage, they had sexual intercourse with each other. The Hon’ble Supreme Court held that since the marriage did not happen because of caste issues, it could not be said that there was malafide intention, and hence the case was quashed.
Deepak Gulati Vs State Of Haryana [(2013) 7 SCC 675] - In this case, it was alleged by the complainant that the petitioner/appellant, whom she had met in college, had sexual relations with her on the false pretext of marriage. The Hon’ble Supreme Court of India quashed the entire proceedings.

Conclusion:
It is therefore clear that if the Complainant was a married person or if there no intention to make false promise of marriage, then the Court’s will not hesitate to quash the proceedings.