The Orissa High Court in its recent judgement has ruled that consensual sex under the pretext of marriage does not amount to rape. The single-judge bench of Justice SK Panigrahi gave the ruling while granting bail to a person who was accused under such an allegation.
Justice Panigrahi pointed out that the false promise of marriage amounts to rape appears to be erroneous as the ingredients of rape under Section 375 of the IPC do not cover it. The person had taken the alleged victim from her house under Nimapada police station limits to Bhubaneswar with a promise to marry, maintained a physical relationship with her for several days and later, abandoned her.
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“The intention of the lawmakers is clear on this issue. Rape laws should not be used to regulate intimate relationships, especially in cases where women have agency and are entering a relationship by choice. It is also equally disturbing, many of the complaints come from socially disadvantaged and poor segments of society, rural areas, who are often lured into sex by men on false promises of marriage. The rape law often fails to capture their plight,” he observed.
“Nonetheless, it is well settled that consent obtained on a false promise to marry is not valid consent. Hence, the law holding that false promise to marriage amounts to rape appears to be erroneous,” Justice Panigrahi further observed.
