What is rape
awadhesh khadiwala
(Querist) 28 March 2014
This query is : Resolved
a made sexual relation with c she was in hope that a will marry herself ultimately a refuses to marry with him and told her that he never told to solemnize marriage. whether
a commit an offence of rapeor cheating. please refer case law
Guest
(Expert) 28 March 2014
In all your queries which I had studied you were insisting for case laws.You mentioned your self as secretary.If you are advocate no harm you could come out with your doubts openly.The above case mentioned by you is Criminal Breach of Trust having sexual contact giving promise to marry.The affected person could very well give police complaint and see that she gets married to him.The question of rape doesn't arise here since it was not done by force where as she her self had allowed the same trusting on the promise to marry her.Consult a Local Lawyer as well as seek the help of Local women forums
ajay sethi
(Expert) 28 March 2014
for case law search indian kanoon.com
ajay sethi
(Expert) 28 March 2014
she willingly entered into physical relations with her lover . do you have any evidence to show that relation ship was entered into on promise of marriage .?
girl was educated and should known pitfalls of her actions . after having been in relation ship for some time boy may have realised that they are not compatible .hence decided to end relation ship no case of rape is made out
Guest
(Expert) 29 March 2014
Your query is of academic nature. The question arises, how you are related with the case, the boy or the girl, what would you do with the case law, and how you are going to be benefitted by the advice of the experts?
However, all depends upon the evidence in favour or against the boy, where any case law won't do anything, especially when you have not given any appropriate background of the case.
prabhakar singh
(Expert) 29 March 2014
Facts, as they are stated,can never constitute what is called RAPE,as defined
in I.P.C.
R.K Nanda
(Expert) 29 March 2014
read indian penal code.
Surrender K Singal
(Expert) 29 March 2014
MAI has covered querry well;
a is not for awadhesh ?
V R SHROFF
(Expert) 29 March 2014
Looks to be academic Q. //
T. Kalaiselvan, Advocate
(Expert) 29 March 2014
Consensual sex with the false promise of marriage amounts to an offence u/s 417 IPC, i.e., when consent of the girl was obtained under inducement with a promise to marry her but denied later on, if proved, it is punishable with imprisonment for a term which extend upto one year or with fine or with both.
The author is advised to visit the law books henceforth for updating his academic knowledge, he may come with the doubts occasionally and not always.
