Sex on pretext of marriage is not always rape: Delhi High Court gives a landmark judgement

In a significant judgement, the Delhi High Court, while hearing a rape case on Thursday, observed that sex with the promise of marriage does not conform to the definitions of rape if the woman continues to be physically intimate with the man over a significantly long period of time, TOI reported. The court was hearing a case filed by a woman who had been in an on-off relationship with a man for several months, the court noted that "a promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time."While looking over the details of the case, Justice Vibhu Bakhru observed that in many instances, people become physically intimate with their partner after marriage is promised. But in case of a couple who have been together for a longer period of time, this does not apply and hence it cannot be called the same in such cases.

The court reportedly observed, "In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same. Such inducements in a given moment may elicit consent, even though the concerned party may want to say no."The Delhi HC acquitted the man of rape charges and upheld the decision made by a trial court earlier. The woman had lodged a complaint against the man saying that he had cheated her and indulged in a physical relationship by promising to marry her, a charge the court said was proven not correct by the trial court already. The court also said that the woman agreed to being intimate with the man out of her own free will and was not coerced in any form. The HC also stated that in cases of false promise to marry, the other party may "vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375".  Earlier in May, a judge of the Orissa High Court has observed that indulgence in sexual intercourse on false promise of marriage does not amount to rape. The case related to the arrest of a student from Koraput district of Odisha under rape charges on a complaint by a 19-year-old tribal woman in November last year.