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Sexual intercourse by making a false promise of marriage

Shivendra Pratap Singh

Advocate

05/06/2019

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Sir, my boyfriend, established a physical relationship with me and deceitfully solemnised a marriage. After that, he used to commit sex with me and harassing me sexually, emotionally and physically. Recently, I came to know that he is planning to marry another girl. Currently, he is residing in his village. He is concealing the fact of our marriage and planning to cheat another girl. What should I do?

Question from: Andhra Pradesh

It is evident from the perusal of your case that he has no intention to marry you. He cheated you by a solemnising deceitful marriage ceremony. However, you did not mention what kind of celebration he performed for solemnising that marriage. I can understand that he did any defunct ceremony to show that he became your legally wedded husband.

He took your consent for sexual intercourse by the misconception of fact. Therefore, it is not free consent under section 90 of IPC. In this circumstance, you can file an FIR under section 417/375/376 Indian Penal Code (IPC) for the offence of cheating and rape. He committed the crime by deceitfully taking your consent for sexual intercourse.

As per the facts of your case, he has no intention to marry. His ultimate goal was to establish a physical relationship. Hence, he imitated the marriage ceremony.  Sexual intercourse by making a false promise of marriage amounts to rape. In Deepak Gulati v. State of Haryana, (2013) 7 SCC 675; the Supreme Court held that any consent given under a misconception of fact, would not be considered as valid consent, so far as the provisions of Section 375 IPC are concerned, and thus, such a physical relationship would tantamount to committing rape.

You should immediately file an FIR against him. More importantly, at the time of registration of FIR, no need to adduce any evidence. Your mere statement that he took you consent by the false promise of marriage and established physical relation is sufficient. The investigating officer shall initiate the investigation in your case immediately after registering the FIR. If the police officer refuses to lodge your FIR, you may approach the court under section 156 (3) of CrPC for registration of FIR.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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