Extra marital affair

Dear Client,
An aggrieved person can file multiple cases against a person who cheated her with false promises of marriage if she can prove those allegations before the Court. Section 90 and Section 375 of the Indian Penal Code is what the person is charged with when he has a sexual relationship with a woman on false promise of marriage. Section 375 of IPC defines Rape and Section 90 IPC talks about Consent when obtained using fear or misinformation. Section 114A of the Indian Evidence Act, 1872 talks about the presumption as to the absence of consent in certain prosecutions for rape. This section states that if the woman testifies in a court of law that she had given consent under a false pretext of marriage then it will be considered as consent given under a false promise of marriage. Consent given by a victim based on a false assumption would be a violation of Section 375 IPC and Section 90 IPC, respectively. Supreme Court has declared that if a person's objective is to do evil and he has ulterior motivations, he will be guilty under section 376 and if motive is not taken into consideration then more people with evil intent will exploit girls from the lowest and poorest section of society by luring them with false promises of marriage and forcing them to have physical relations while convincing them that they will marry in the future, thinking that law is on their side as they have obtained the consent. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. But, it would be a crime if a married person stays even in a live-in relationship with another person without ending his or her previous marriage. The Hon'ble Punjab and Haryana High Court have held that a couple living together without divorcing the earlier spouse does not fall within the definition of a "live-in relationship" or ties in the "nature of marriage". The court also said it constitutes an offense of bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on the crime severity. In the given scenario, it may be helpful to talk with a professional who has expertise in counseling about extramarital affairs, as they can offer insight that may not have occurred to you.