Sex before marriage is Rape says Delhi HC, is it right?

Definitely in the given facts, it is nothing but a rape and the bail application of the accused has rightly been declined.

I fully endorse the view of my friend Ganesan.The usual practice of this forum is opening a discussion on the Mon and slowly and gradually we end up our discussion on the rivers and green green grass. The main issue is whether S*x before matrriage amounts to Rape within the defination of Rape under IPC. Yes, there are some case of marital Rape also but we are not concern with force or Bail be it Anticipatory Bail, but whether S8x before marriage is Rape or not. And look at our female tribes,? They are just supporting the Delhi High Court's view subjectively and not objectively.

Assumi sir you r right discussion might go here and there. But what is important is the knowledge and the views we got. I always appriceate your approach to raise such issues. Between about the facts of the judgement, i would like to say if ingredients of offence are proved then offence is proved. So in the present case. If absence of consent is there then s*xual intercourse will become rape. All know it. In present case, if at the time of s*xual intercourse, accused is knowing that he will not marry and he obtained the consent by falsely representing that he will marry her, the consent will be no consent with in the meaning of SECTION 90. So the offence will be of rape. But again i am raising the issue whether section 114A of evidence act will say accused to prove that he intends to marry her, where girl says that she didn't give consent and s*xual intercourse is proved? i am raising this issue in the present topic just because i think it is related one?

Definition of the free consent may be decided on the facts n circumstances of the individual case. But I don’t agree with Shamina and Reshma K I m sorry for that. I am in agreement with the view of Ya_Ta

Mr assumi,

"The court rejected pre-arrest bail to a man who repeatedly had s*x with a woman but refused to marry her even after their engagement."

You misunderstood the information. The criminal activity, is not - 'doing s*x before the marriage' but 'doing s*x assuring her to marry'.

Hc & SC several times declear it that if adult person do s*x at their free will - it is not offence; but if they do it on condition/or assurience that 'he will marry her' - it is amounted to rape. the matter is very clear and there is no confusion on it.

My answer to  plain issue is in negative. It is not tenable in law or even in morality. Even if  it is treated immoral, it is not termed  as rape.

ALL RESPECTED MEMBERS  I think This discussion will not last and up to some extent conclusion has been arived- Now Please answer the issue raised by Mr. ANIS GOYAL in the light of Sec 114 A evidence Act. Nice arguement Anish!

Arvind, pleae be patient and give some time to this very dangerous topics for man. Consider this, if the case is opposite to what we are dicusssing, say the girll after having S* with the man with the promise to marry him and at the last moment back out from her promise, can that man filed a case of rape against the girl?

Attn. Mr Anish & others,

"the consent will be no consent with in the meaning of SECTION 90" - sec 90 of which act?

 

If any court declares that having a s*x with a girl before marriage is rape.Then I won't go with courts any more and dont keep hope on justice system ! This show how our justice system are corrupt and blind and how our judges are cant realize which is wrong and which is right!.

 

ASUMI Sir!

                  If your question is regarding indian law, The answer is clear cut that woman can not be prosecuted for rape, as defined in IPC.

Dear Rekha, even section 497 IPC is againt man not the woman, and if s*x before marriage is a rape against man only and not against woman, than where is our Law heading for the future of man in this Country? Do you mean that a woman can hook a man under the pretext of marriage and after her full satisfaction of her s*ual apetite abondoned the man and say its all over: where as for the girl she can draged the man to criminal prosecution for rape? its abolutely absurbd and not logical at all.

THANK YOU MR. ASSUMI

YOU ARE REPRESENTING AND LAEDING ALL MEN

"a woman can hook a man under the pretext of marriage and after her full satisfaction of her s*ual apetite abondoned the man and say its all over: where as for the girl she can draged the man to criminal prosecution for rape? its abolutely absurbd and not logical at all."

Thank you from my inner heart.

Arvind brother thanks. But members seems to be indulging into the thing that what law should be not the what law actually stands today. Arup sir sorry its my mistake its section 90 Indian Penal code. Assumi sir you r right in your thinking that woman can play with the mind of man, she will not be liable 4 rape. Also if a woman forcefully have s*x with man no provision is there to prosecute her. The solution is there with parliament come with a amendment, but i don't think it is feasible. And this discussion i think is neverending.