Tuesday, 19 July 2022

Whether sexual intercourse based on promise to marry is rape?

 Whether Sexual intercourse based on promise to marry is Rape?

Marriage is the start—the start of a family—and it is a lifelong commitment. It also allows you to develop selflessness while serving your husband and children. Marriage is a spiritual and emotional bond as well as a physical union. This relationship is similar to the one that exists between God and His Temple.

Hindu marriage binds two people together for the rest of their lives so that they can fulfil their dharma (obligation), artha (possessions), and kama (wishes) (physical desires). It is a legally acknowledged union between two persons as husband and wife. Marriage in Hinduism is followed by customary consummation ceremonies.

A person who obtains consent for sexual intercourse by making a false promise of marriage is not exempt from rape charges. When the accused promises to marry the victim despite having no intention of marrying her, and the victim consents to sexual intercourse based on the accused's assurance that he would marry her, such consent can be said to be obtained on a misconception of fact as defined by Section 90 of the Indian Panel Code, and in such a case, such consent would not excuse the offender, and such an offender can be said to have committed the rape as defined by Section 90 of the Indian Panel Code. In this situation, such consent would not absolve the perpetrator, and the offender would be considered to have committed rape as described by Section 375 of the Indian Panel Code, and might be prosecuted under Section 376 of the IPC.

Sections 375 and 90 of the Indian Penal Code, 1860, concerning consent/consensual sex, must be consulted and considered:

1860 1375, Section 375 of the Indian Penal Code. Rape.-A man is said to have committed rape if he –

 (a) penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her to do 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 vagina, the urethra, or anus of a woman or makes

(c) manipulates any part of a woman's body to cause penetration into the vagina, urethra, anus, or any other part of her body, or forces her to do so with him or another person; or (d) applies his mouth to a woman's vagina, anus, or urethra, or forces her to do so with him or another person, under any of the following seven descriptions:

  • First, she was forced to do something she didn't want to do.

  • Second, without her permission.

  • Third, with her consent, when her consent was acquired by placing her or anyone she cares about in danger of death or injury.

  • Fourth, when the man is aware that he is not her husband and she gives her agreement because she believes he is another guy to whom she is or considers herself to be lawfully married.

  • Fifth, with her consent, if she is unable to grasp the nature and consequences of that to which she consents due to unsoundness of mind or drunkenness, or the administration by him personally or through another of any stupefying or unwholesome substance, at the moment of giving such consent.

  • Sixth, when she is under the age of sixteen, with or without her permission.

  • When she is unable to communicate consent


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