M/s. Y-not legal services (Advocate) 19 July 2015

What you mean for your query?

Satya Narayan Mohanty 19 July 2015

First of all, section 375 of IPC, 1860 does not make any distinction between the s*x committed to married or unmarried women. Secondly, if the consent of the women is obtained by a false promise - that the ground of the consent is the false promise made to her, then such s*x even though consensual at the time of s*x, will amount to rape. False and malafied prromise, in account of which, the consent has been obtained is not a free consent. It is a consent obtained by fraud and misrepresentation. Hence a person committing such consensual s*x will be liable to be prosecuted under sec 375 of IPC.

Just to add here, the false promise made must have reasonable connection with the consensual s*x made. For example, if you and the married women exchange promise to get divorce and marry each other - and the male counterpart made this promise with malafied intention to just have s*x with the women, it will amount to rape. On contrary, if you make a false promise to give jwelery to women on having s*x with you, and the women on such promise consents have s*x - such s*x will not amount to rape - however amounts to adultery. If consensual s*x on the later case were to be considered ground for s*x - it will give rise to immorality.

Disclaimer:

I am a LLB student, and above explanation is from best of my accademic understanding.

DR. DIMPLE JINDAL (ADV.) (Advocate) 19 July 2015

Consensual s*x between two adult partners based on false promise does not amount to rape, even if the promise is made for the marriage. A recent judgement of Apex Court given in 2013

Consensual s*x with intention to marry is not rape: Supreme Court

NEW DELHI: The Supreme Court on Monday said that if a man has consensual s*x with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place.

The top court's said this while hearing a case in which an accused was charged with rape after he failed to marry the girl with whom he had consensual s*x on the promise of marrying her.

"Coerced or misguided, obtained willingly or through deceit. Consent is an act of reason, accompanied by deliberation, the mind weighing, as in a balance, the good and evil on each side. There is a clear distinction between rape and consensual s*x and in a case like this, the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception. There is a distinction between the mere breach of a promise, and not fulfilling a false promise," said the Supreme Court.

Differentiating consensual s*x and rape, the Supreme Court said, "Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.

"Rape reduces a woman to an animal, as it shakes the very core of her life. By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim, and therefore a rape victim is placed on a higher pedestal than an injured witness. Rape is a crime against the entire society and violates the human rights of the victim.

"Being the most hated crime, rape tantamounts to a serious blow to the supreme honour of a woman, and offends both her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks."

A lower court in Haryana had convicted the accused to undergo seven years imprisonment, which was upheld by the Punjab and Haryana High Court.

The Supreme Court acquitted the person who had served three years out of the seven year sentence and ordered his release.

The Supreme Court said the girl was at that time 19 years old and had adequate intelligence and maturity to understand the significance and morality associated with the act she was consenting to. "She was conscious of the fact that her marriage may not take place owing to various considerations, including the caste factor. Hence it could not be said that she had not given her consent for having s*x with the accused," the court said.

Story First Published: May 21, 2013 01:56 IST

NEW DELHI: The Supreme Court on Friday asked the question which had rankled the Delhi high court last year — can a failed consensual relationship between adults lead to filing of rape charges against the man?

In a judgment last year, the HC had flagged the issue and said rape cases were being used as "a weapon for vengeance and vendetta" to harass and even force a man to marry.

The Supreme Court did not pass any order. But it expressed anxiety over the recent spurt in cases where the women in failed relationships had filed rape charges against the men accusing them of inducing them into a s*xual relationship on the promise of marriage.

DR. DIMPLE JINDAL (ADV.) (Advocate) 19 July 2015

Here given the apex court judgement in attached file.

Deepak_Gulati_vs_State_Of_Haryana_on_20_May,_2013.PDF

Attached File : 129172 20150719213522 484780780 deepak gulati vs state of haryana on 20 may 2013.pdf downloaded: 79 times

DR. DIMPLE JINDAL (ADV.) (Advocate) 19 July 2015

Even it would amount to adultery only when a "Married Person" involves in extra marital consensual s*x course with another women (not his legal wife).

Dictionary meaning:

adultery

Also found in: Legal, Acronyms, Encyclopedia, Wikipedia.

a·dul·ter·y

(ə-dŭl′tə-rē, -trē)

n. pl. a·dul·ter·ies

Consensual s*xual intercourse between a married person and a person other than the spouse.

[Middle English, from Old French adultere, from Latin adulterium, from adulter, adulterer; see adulterate.]

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2011 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

adultery

(əˈdʌltərɪ)

n, pl -teries

1. (Law) voluntary s*xual intercourse between a married man or woman and a partner other than the legal spouse

[C15: adulterie, altered (as if directly from Latin adulterium) from C14 avoutrie, via Old French from Latin adulterium, from adulter, backformation from adulterāre. See adulterate]

Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

a•dul•ter•y

(əˈdʌl tə ri)

n., pl. -ter•ies.

voluntary s*xual intercourse between a married person and someone other than his or her lawful spouse.

DR. DIMPLE JINDAL (ADV.) (Advocate) 19 July 2015

Even it would amount to adultery only when a "Married Person" involves in extra marital consensual s*x course with another women (not his legal wife).

Dictionary meaning:

adultery

Also found in: Legal, Acronyms, Encyclopedia, Wikipedia.

a·dul·ter·y

(ə-dŭl′tə-rē, -trē)

n. pl. a·dul·ter·ies

Consensual s*xual intercourse between a married person and a person other than the spouse.

[Middle English, from Old French adultere, from Latin adulterium, from adulter, adulterer; see adulterate.]

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2011 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

adultery

(əˈdʌltərɪ)

n, pl -teries

1. (Law) voluntary s*xual intercourse between a married man or woman and a partner other than the legal spouse

[C15: adulterie, altered (as if directly from Latin adulterium) from C14 avoutrie, via Old French from Latin adulterium, from adulter, backformation from adulterāre. See adulterate]

a•dul•ter•y

(əˈdʌl tə ri)

n., pl. -ter•ies.

voluntary s*xual intercourse between a married person and someone other than his or her lawful spouse.

DR. DIMPLE JINDAL (ADV.) (Advocate) 19 July 2015

And at last, The crime of adultery is not against the women involved in consensual s*x. This crime is against the husband of that women. Only her husband can lodge complaint and FIR against other married man involved in consensual s*x with her legal wife.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 July 2015

"Does Consensual Sex Based on False Promise to married women amount to rape".

The query is not clear. The woman was already married. Then what was the promise honest or false, made to her. If the promise was marriage both the woman and the man should have known that the woman having been already married could not marry a second time so long as her first marriage was subsisting. Then such a promise was no promise at all false or honest

Now the s*x was consensual. If a man had consensual s*x with a married woman, not married to him without the permission of her husband, then it would be adultery under Section: 497. The husband has to say that he had not given permission. If he does not say that, the charge of adultery will fail.

The query is self-contradictory.