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Me and my boyfriend had sex multiple times with our consent: Can I file case against him?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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Question: I had a mutual relationship with my boyfriend. Me and my boyfriend had sex multiple times with our consent. Can I file a case against him? As the times moved forward, he surrendered that in future he won’t marry me. After making physical relationships many times he left without any valid reason, only silly excuses. 

I am facing this self guiltiness issue since more than 2 months also he used me financially too. My question is should I go and file a complaint on him because he is also saying rubbish to me and in front of my friends also like behind my back which i can’t bear.

Asked from: Madhya Pradesh

The sexual relationship was established with your free consent. You have attained the age of majority and have a sound mind. In this situation your consent about sexual relationship is a valid consent under Section 90 of the Indian Penal code (IPC). 

As per definition of rape as given in section 375 of the IPC consensual sex does not amount to rape. Hence, your boyfriend has committed no offence. Thus you cannot lodge FIR (first information report) under section 376 IPC.

So far as uttering indecent words intending to insult your modesty is concerned, you can lodge an FIR against him. He committed an offence which is punishable under section 509 IPC.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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