Press Esc to close
Friday 24 March 2017
News updated at 1:34 AM IST

No rape if man fails to marry victim, says SC

Ashish Tripathi, NEW DELHI, May 20, 2013, DHNS:
The Supreme Court on Monday ruled that a man cannot be held guilty of rape in a case where he maintains physical relationship with a woman and does not enter into wedlock due to “circumstances beyond his control”.

A bench of Justices B S Chauhan and Dipak Misra said a person can be convicted for rape only if the court reaches a conclusion that he had any mala fide intention.

The apex court’s ruling would help those who faced rape charges for having entered into physical relations with women on promise of marriage and their subsequent failure to walk the aisle in view of unavoidable circumstances.

The court pointed out clear distinction between “mere breach of promise” and “not fulfilling a false promise”.

“There may be a case where the prosecutrix (victim) agrees to have sexual intercourse on account of her love and passion for the accused, and not solely on account of misrepresentation made to her by the accused, or where an accused on account of circumstances which he could not have foreseen, or which were beyond his control, was unable to marry her, despite having every intention to do so. Such cases must be treated differently.

“The court must examine whether there was made, at an early stage, a false promise of marriage by the accused and whether the consent involved was given after wholly, understanding the nature and consequences of sexual indulgence,” the bench said.

Go to Top

Photo Gallery
Members of Maharashtra Association of Resident Doctors (MARD) show placards during a protest...

Members of Maharashtra Association of Resident Doctors (MARD) show placards during a protest...

Actor-Director Pooja Bhatt with 82-year-old Chandro Tomar popularly known as Revolver Dadi...

Actor-Director Pooja Bhatt with 82-year-old Chandro Tomar popularly known as Revolver Dadi...

A view of the Yadiyuru Lake in Bengaluru...

A view of the Yadiyuru Lake in Bengaluru...

The 485 km long Manali-Leh strategic road being cleared of snow by Border Road Organisation...

The 485 km long Manali-Leh strategic road being cleared of snow by Border Road Organisation...

Girls light candles on a painting dedicated to the victims of the recent London attack...

Girls light candles on a painting dedicated to the victims of the recent London attack...

Renowned sand artist Sudarsan Pattnaik creates a sand sculpture on terrorist attack in London...

Renowned sand artist Sudarsan Pattnaik creates a sand sculpture on terrorist attack in London...

Workers prepare to lift the sunken Sewol ferry, center, in waters off Jindo, South Korea...

Workers prepare to lift the sunken Sewol ferry, center, in waters off Jindo, South Korea...

Farmers from the southern state of Tamil Nadu display skulls, who they claim are the remains...

Farmers from the southern state of Tamil Nadu display skulls, who they claim are the remains...

Artists perform during Annual Mega National Festival 'One India' in Jalandhar...

Artists perform during Annual Mega National Festival 'One India' in Jalandhar...

Fire personnel dousing a major fire that broke out in the shops outside Mahakaleshwar temple...

Fire personnel dousing a major fire that broke out in the shops outside Mahakaleshwar temple...

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523