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Physical Relationship With No Surety of Marriage: Can it be called a Rape? Here is What Supreme Court Says

The Supreme Court has ruled that if a woman continues to be involved in a physical relationship with a man with no surety that the relationship will end in a marriage, she cannot accuse the man of rape on the ground that he made a false promise of marriage.

It was while quashing a rape case lodged by an assistant commissioner of sales tax against a deputy commandant of CRPF that the judges- Justice DY Chandrachud and Indira Banerjee passed this verdict. The judges observed that the two have been in a relationship for six years and have lived in each other’s houses many times. This proves that the relationship was consensual, the court said.

Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a misconception of the fact that vitiates the woman’s consent. On the other hand, a breach of a promise cannot be said to be a false promise. To establish a false promise, the maker of the promise should have had no intention of upholding his word at the time of giving it,” the court said. (as quoted by Times of India)


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