376 (2) IPC

Adv Deepak Joshi +917017821512 (Advocate) 13 September 2018

this is not rape.

K Chakraborty 13 September 2018

it's depends

Hardeep Kaushik 13 September 2018

i want the latest judgment of supreme court i read the contents but name forgot

TGK REDDI 14 September 2018

It's neither rape nor adultery nor cheating.

Not fulfillng an oral promise is not an offence.

I wonder why people, the police and the judiciary are particu;ar about the promise of exclusively the boy.

Sachin Bansal 14 September 2018

Hi bro, Yes it is rape. For further assistance plz call me at 9811455868, o250905868.

R Trivedi (advocate.dma@gmail.com) 14 September 2018

This is travesty of law and foolishness perpetuated in the name of justice. The mylords have a screwed up notion of simple English word called "consent". By no stretch of imagination this is rape, but it is rape because the girl says that I offered myself because the boy promised to marry, but since he is now refusing to marry so it is rape. The criminal law must be deterministic, it must not be conditional.

TGK REDDI 14 September 2018

Shri R. Trivedi

Dear Sir

Your notion about rape is not acceptable in terms of The Indian Penal code.

R Trivedi (advocate.dma@gmail.com) 15 September 2018

TGK Reddi Sir, yes I know, the law has certain open and very vague definition of consent in the matters of rape. The interpretation of word consent is so twisted that refusal to marry, failed live in relationship, failed deal vis a vis consensual relationship, all are chargeable rapes depending on how the girl puts it. Ideally consent should be determined depending on the mental stage at the time of act. After enjoying a fruitful relationship for months or years, if the boy says no to marriage because of any reason whatsoever, the girl goes to police and says he raped me under the promise of marriage. This is no rape, but this is taken as rape to start with.

TGK REDDI 15 September 2018

Though law is vague, one must abide by it. One is not allowed to interprete it according to one's whims and fancies.

Engagement is stronger than promise. But one needn't abide by engagement.

It's not advisible to allow s*x on a mere promise. Unfortunately committing s*x is deplored while allowing it is not.

Coercive s*x by man is rape; coercive s*x by woman is valour.

R Trivedi (advocate.dma@gmail.com) 16 September 2018

It's not law. It is incorrect and over enthusiastic interpretation of "consent" by courts. I give you an example....any promise based on illegality or criminality is null and void. So as soon as the girl says that he had intimate relationship with me under the promise of marriage, and now he has backed out of promise, so that intimate act is rape!! This makes the promise itself null and void, so what is to be seen if there was any force or not. Court cannot invoke "consent under false promise of marriage" nonsense.

R Trivedi (advocate.dma@gmail.com) 16 September 2018

It's not law. It is incorrect and over enthusiastic interpretation of "consent" by courts. I give you an example....any promise based on illegality or criminality is null and void. So as soon as the girl says that he had intimate relationship with me under the promise of marriage, and now he has backed out of promise, so that intimate act is rape!! This makes the promise itself null and void, so what is to be seen if there was any force or not. Court cannot invoke "consent under false promise of marriage" nonsense.

Rizwan Hasan 31 December 2018

not a rape

Pawan S (Advocate) 31 December 2018

It depends on the entire circumtances.

For example - A boy promise to marry and do a physical relationship with the girl (major) , but didnot able to fulfill his promise due to some unavoidable circumtances, is not a rape.

but in case, if he is cheated the girl and then it will be fall under Rape.

H A 28 February 2025

What if

The boy from the beginning said -

He will be with her forever unless relationship turns too toxic

But he will not marry her or anyone else ever.

To show commitment towards her they had a engagement ceremeny & he also promised it infront of friends & family- that he will be with her forever unless relationship turns too toxic but he will not marry her or anyone else ever.

And knowing this the lady entered into live-in relationship with a live-in agreement

So that he will be obligated to pay maintenance if relationship falls apart & if have kid that will be legitimate. And he will rase the kid together Etc.

So now if this relationship fails, is it a case of rape ? Or cheating?

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