Weather sexual relationship on false promise to marry amount to rape?

 As per law, if accused promised a girl to marry her and made sexual relations and later on denied marrying amounts to rape under section 376 IPC. Thus, yes it is a rape and same proceedings as of in a rape case will initiate on accused. There is immediate arrest in such cases after the FIR. 

When it is not rape? When can accused get bail from Court? (These points are based on SC Judgments)

If accused is able to prove that:

1. Girl already knew that accused will not marry her and still gives her consent. There was no promise to marry. 

2- Girl was already married & was in extra marital affair. Or girl was into several relationships.

3- Girl is blackmailing or trying to extort money. In this case, accused should immediately file a complaint & FIR for extortion. (Phone recordings, whatsapp chats, messages can be used as evidence.) 

4- Girl must prove that promise to marry was with bad intentions. If it is a genuine promise to marry and due to circumstances, accused is not able to marry her, then it will not amount to rape. It should be proved that there is "clear intention of not marrying."

5- Girl is indulged into illegal activities such as prostitution.

 

Kanika Bhardwaj

Advocate, New Delhi

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