False promise for marriage False promise for marriage

6 months ago

Used to roam with other girls..used to hug and lift them which was unknown to girlfriend..one day she told this to boyfriends mom and he broke up with her..can victim prove that he cheated broke the promise and left on telling the truth to his mom

Anik

Responded 6 months ago

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A.Dear Client,

If a boy obtains consent based on a false promise to marry, then he would not be excused from the charges of rape. In such a case, it would be considered that he had committed rape on her and will be charged under Section 375 of the Indian Penal Code. However, it has also been mentioned under this Section that sexual intercourse based on a promise to marry will be considered as rape only if from the initial stage the accused had no intention to fulfil that promise. Therefore, an accused can be convicted only if the court reaches the conclusion that the accused had mala fide intention and also had clandestine motives. The sexual intercourse based on false promise to marry will fall under Section 90 of the Indian Penal Code only when the consent of the prosecutrix has been obtained by putting her in fear of injury or under a misconception of fact or at the time when she was not able to understand the nature and consequences of her actions.

However, the Supreme Court has held that in every case where a man fails to marry a woman despite a promise made to her, cannot be held guilty for committing the offence of rape. He can only be held guilty if it is proved that the promise to marry was given with no intention to honour it and also that was the only reason due to which the woman agreed to have a sexual relationship.
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Kishan Dutt Kalaskar

Responded 6 months ago

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A.Dear Madam,
You can lodge a complaint with Police with serious allegations so that Police can teach a lesson and also arrange a marriage of yourself with your boyfriend.
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