is my brother to be punished under law/
SUNIL
(Querist) 02 August 2011
This query is : Resolved
HI,
My younger brother fell in love with a girl since last 7-8 years.Now girl is being pergent.... she is going to police station and want to make a case against my brother.... my brother not want to marry her? so what is the lagal punishment against my brother.
Reply me ASAP.
J.D.Sharma
(Expert) 02 August 2011
I see a lot of problem in that. It was a fraud practiced on the victim and she was deceived by the false assurance of marriage. deceiving the victim by giving her false assurance of solemnization of marriage is a crime as "This is tainted consent." Whatever the true facts of the case would be later on it will read something like this:In this case, consent was obtained on the basis of some fraud and allurement or practising deception upon the victim on the pretext that ultimately she will be married and under that pretext she allowed the accused to have sexual intercourse with her. This is tainted consent.
SECTION 493 IPC- Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
So, in my opinion the better course available would be to try and resolve the dispute outside the ambit of the law enforcement agencies.
ajay sethi
(Expert) 02 August 2011
1) whether your brother has sent her any letters , sms , made telephone calls promising to marry her ?
2)your brother can be booked for rape under section 376 if he had made promises to marry her then ditched her
3) if on other hand she agreed to have an affair without any commitments no case can be made out
SUNIL
(Querist) 02 August 2011
Sir, she gaves him letter that in future if any thing happend that he will not be responsible for that....
My brother don't send any letters or sms for making promise to her for marriage.
ajay sethi
(Expert) 02 August 2011
well if she has given any such letter of her own free will duly signed by her your brother cannot be held guilty of rape .
when police calls your brother for recording his statement give particulrs of letter . in addtion i presume your brother has not in course of innumerable telephonic conversation held ever promised her marriage .
Raj Kumar Makkad
(Expert) 02 August 2011
No one is going to believe your brother at this stage. Your brother can be booked under section 376 IPC and can be sentenced to an imprisonment of 7 years or more.
SUNIL
(Querist) 02 August 2011
Sir, i will talk u on phone if u give me ur number
Atuliya
(Expert) 03 August 2011
Is this a genuine query or in the realm of theory?
Has the girl actually gone to the police station or is it that because you have now decided you want to have nothing to do with the girl you are exploring your options???
SUNIL
(Querist) 03 August 2011
This is a genuine case sir, we r not accepting this but girls side they are pressuring us to marriage
ajay sethi
(Expert) 03 August 2011
if what you have stated is correct no one can pressurise your brother for marriage . however it is always advisable to be honest with your lawyer and tell him deatiled facts of the case
SUNIL
(Querist) 03 August 2011
UR NUMBER PLZ SIR
Dr. Imran Ahmad, MOZA
(Expert) 04 August 2011
I do not want to write in relation to court law as per the developments in both the families. But:
7 to 8 yrs is very long period. What your family is finding for the boy. I think you all there should work on happy and respectable life for this unmarried couple. Any girl who now marries to your brother will live with his history too apart from becoming pregnant. In this stage whole families are involved like taking care of woman and un-born baby. It is life threatening for both mother and child. It is a phase of life. Next phase starts after delivery and so on. Your family knows that.
I hope you are getting idea and heat of what I mean in these few lines.
Regards.
Dr V. Nageswara Rao
(Expert) 05 August 2011
A question has arisen whether sexual intercourse would amount to rape if the woman’s consent was given because of the promise to marry by the man and whether it would amount to “misconception of fact” within the meaning of S. 90 of IPC. In Uday v. Karnataka, 2003 (4) SCC 46 , the Supreme Court observed:
…consensus of judicial opinion is in favour of the view that the consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact. A false promise is not a fact within the meaning of the Code.
Legally, I do not think any case can be made under IPC where the woman has consented to sexual relations with a man for as long as 5-7 years and then come with the charge of deceit or rape.
I totally agree with Dr Imran Ahmad that, morally, it is very unfair for a man to say "bhool gaya sab kuch, yad nahee ab kuch" after 5-7 years of sex and pregnancy. Better to accept the girl whole-heartedly and marry her.
RAJU O.F.,
(Expert) 05 August 2011
After 7-8 years of love affair with the girl and after getting her pregnent, what your brother was expecting? My advise would be to be a respectable Indian; don't ape the western. Take sincere steps to marry her, notwithstanding your legal rights to fight.
