Delhi high court said sex on marriage promise is not always rape

The Delhi High Court, while hearing in a case, said that long-term physical relations are made with consent by promising marriage, then it cannot be called rape. Dismissing the lawsuit filed on behalf of a woman, the court said, “The promise of marriage cannot be said to be made for sex.”

Justice Vibhu Bakhru said that if someone is seduced once by making false promises of marriage and physical relations are formed then it is a crime. He said, ‘In some cases by promising marriage, people force the other party to have a physical relationship when the other party does not want to do so. Such cases can be called rape. He said that by making false promise of marriage, if someone forcibly makes a physical bribe without consent, then the accused is charged with rape under section 375.

The judge further said that if long-term consensual relations between two people remain in consensual relations, then it cannot be classified as a rape. Justice Bakhru acquitted the accused, upholding the decision of the trial court. The woman had accused the man of betraying her for a long time by promising her marriage and having a physical relationship and then leaving her for another woman.

The court said that the woman, having fallen in love, forged a relationship with the accused and this lasted for a long time. The trial court has said that no marriage was promised, but there was talk about marriage after the relationship was formed. The woman told the court that in 2008 physical relations were made with her for the first time and that the man promised to marry three to four months later. The court observed that the woman did not form a relationship by looking at the promise of marriage, but she was already in a sexual relationship with him.

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