Punishment for getting out of a live in relations ship

Section 375. Rape

1[375. A man is said to commit "rape" if he—

(a) penetrates his penis, to any extent, into the v**gina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the v**gina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the v**gina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the v**gina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descripttions:—

First.—Against her will.

Secondly.—Without her consent.

Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly.—With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly.—With or without her consent, when she is under eighteen years of age.

Seventhly.—When she is unable to communicate consent.

Explanation 1.—For the purposes of this section, "v**gina" shall also include labia majora.

Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific s*xual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the s*xual activity.

Exception 1.—A medical procedure or intervention shall not constitute rape.

Exception 2.—Sexual intercourse or s*xual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

i cannot be  a party to criminal activity, i use to wait till the case is filed and i take hypothetical questions, and i donot need advice from you about how to think and get answers for that.

Section 376. Punishment for rape

¹[376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either descripttion for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Whoever,—

(a) being a police officer, commits rape—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape on a woman when she is under sixteen years of age;

Or

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(n) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—

(a) "armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government;

(b) "hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;

(c) "police officer" shall have the same meaning as assigned to the expression "police" under the Police Act, 1861;

(d) "women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children.]

Now you can decide which section to bargain.

Thanks a lot Sudhir Sir for such a detailed descripttion. I think 493 would make the best case for her. But is it her responsibility to prove that I gave false marriage promisses or mine to disprove her claim? I think none of these can be proved beyond doubt. So if its mine headache to prove that I never proposed marrigae then I would prefer to marry her and won't take the risk of going ahead with trial.

and Mr. Raghavan, I think you got offended by something that I said. Please don't mind whatever it was, I am under a lot of stress and I was trying to say that its not an option for me to wait for her to file the case, I want to explore all the choices before hand and then make a informed decision. Girl's parents are still waiting for my response to their marriage proposal.

Thanks a many to Sudhir Sir.

my initial reaction was that you are vulnerable. 

You decided to remain too much confident. 

By reading these sections now you immeidately rushed to say that "Girl's parents are still waiting for my response to their marriage proposal" you still feel 493 will be best option for her no it is 375/76 which is her best option.

Jails are not are rosy as shown in movies

but if I understood correctly then none of the 7 conditions mentioned in 375/376 are true in this case. 493 seems their best shot if they want to win the case. And marrying to this girl was always on the board,  but yeah I would prefer to do 1 year in some sh*t jail rather than marrying her. But that doesn't seem to be possible now, even 493 stipulates upto 10 years sentence.

I know you have guys have given me a lot of free advice and I am really thankfull for that. But I have one more question to ask, hopefully it is the last one. After a lot of negotiation with girl's family it looks like they can settle this case in terms of money. What I want to know is whether is there some legal way of doing this? I mean can we have a legal agreement saying that they will never file a case against me related to this matter. I am asking Because I am little worried that they will take the money and then file the case as well. Please advise.

legal advise has already been given to you. 

Now you want to know whether there is any legal way of paying off the live in compensation.  This forum generally does not much indulge to encourage thie live-in practice.

You cannot expect other party to give something in writing which can beused as evidence in prosecution for extortion. Robbers/bribe taker/prostitutes/ touts etc never give bill/receipt.

Thanks, got it. now I know what to do!

they will nt give u anything in writing, its ur call and the best shot for them is 376....thy can file this even after taking money.........bt if they dnt want to fight legal battle for long and want their daughter to get married then they will nt file this 376..

well said by NGOKC

I won't call it prostitution though. They might want to avoid 376 as this would hurt their daughter's future as well. And I am becoming this stubborn not to marry her then it setting the matter with might seem like good option to them, they can use this money to find better groom (who doesn't know about dowry system in India).

Dear friend,

I had gone through same thing,,,girl had filed 376 citing reasons promise of rape etc..

beleive me i was damn lucky that i got good lawyer , Applied for Anticip. bail and got it.

but Not every one is so lucky, so i will advise you that you drop your over confidence, Do some offline negotiation, dont drag yourself into courts and all.

ultimately u will end up spending lot and lot money on Lawyers Fees and other Mental tensions..

Best way, Compromise and do not let them file a FIR. Police will blindly support the girl side and will put you in jail till you get the Bail.

376 and 498 are draconian laws totally against Males.