THE NEED TO CRIMINALISE THE ACT OF SEX ON FALSE PROMISE OF MARRIAGE

ABSTRACT

Consent acquired for sexual intercourse by making false promise of marriage can lead to?a rape conviction. When an accused obtains the victim's permission for sexual intercourse under the guise of marriage but has no intention of marrying her, such consent is said to have been gained by 'misconception of fact' under Section 90 of The Indian Penal Code, 1860.

KEYWORDS

Rape, Indian rape laws, False marriage promise, Consent, Indian Evidence Act, Cheating, Fraud

INTRODUCTION

Rape is derived from the Latin phrase "rapio," which meaning "seize." In other words, rape is the sexual assault, via force, terror, or deception against her will. Rape is an assault on?a woman's intimate parts, and it is an abominable?in every way. It is considered an heinous crime since it produces immense mental and bodily suffering that would last a life span for the victim. Marriage is defined as a legally recognised union between two persons as partners, granting them the right to carry out their obligations while also satisfying their physical wants. Marriage is associated with various customary rites for consummation among Hindus. As a result, marriage marks the birth of a new family as well as a lifetime's sense of commitment between both individuals. In certain circumstances, consensual intercourse was seen between partners prior to marriage, based on the boy's false promise to the girl that he will marry her in the future in order to acquire her consent to satisfy his need. Many girls ended up submitting themselves to their partners based on a promise made, but if the boy does not keep his promise, the sexual intercourse will be considered rape as the consent was acquired through fraud perhaps it would have not led to consensual intercourse if such a false promise wasn’t made at the first place.?

Previously, it was believed that permission for sexual intercourse gained by a false promise of marriage just wouldn't absolve the boy of rape charges in India. It was believed that when such defendant promises to marry the victim, he not ever intended to marry her, and the consent given by the plaintiff will be deemed as permission procured on the basis of a mistake of fact under Section 90 of the Indian Penal Code, 1860, and defendant?will also be recognised to have committed rape on her under Section 375 of the Indian Penal Code. As a result, he can be prosecuted by Section 376 of the Indian Penal Code.

Sexual intercourse on false promise to marry

When incidents of a known individual obtaining consent for sexual intercourse from the victim based on fraudulent intentions to marry began to increase, it became critical to manage such circumstances. As a result, it was decided that if a man gains consent to marry based on a false promise, he would not be freed from the accusations of rape. In such a circumstance, he would be prosecuted by Section 375 of the Indian Penal Code for raping woman. He would be punished in accordance with Section 376 of the Indian Penal Code. A man is deemed to commit rape if he enters, inserts, manipulates, and applies his mouth to a woman's vagina, anus, or urethra, or makes her do so with him or any other person under the circumstances described as per the Section 375 of the Indian Penal Code in any of the following circumstances; First and foremost, against her will. Second, without her permission. Third, when her consent is secured by putting her in dread of the death or injury of the person in question. Fourth, she consents believing that the man is her rightful spouse. Fifth, when her consent was acquired, she was unable to comprehend the nature and implications of the conduct. As a result of all of these circumstances, the accused will be found guilty of committing rape and punished in accordance with Section 376 of the Indian Penal Code, which states that the man who committed rape shall be given rigorous imprisonment for a term not less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. Nonetheless, it is also highlighted in this Section that sexual intercourse based on a promise to marry shall be deemed rape only if the accused had no intention of fulfilling that commitment from the start. As a result, an accused can be convicted only if the court concludes that the accused had both malicious intent and hidden reasons.

Section 90 of IPC

Sexual intercourse based on a false promise to marry shall be prosecutable under Section 90 of the Indian Penal Code only if the prosecutrix's consent was acquired by placing her in fear of damage, misrepresenting facts, or failing to appreciate the nature and implications of her conduct. Section 90 was used in the case of State of Uttar Pradesh v Naushad (2013). In this instance, the accused Naushad was the son of the prosecutrix's paternal uncle, Shabana's father, who is also the witness. The witness said that Naushad frequently visited his home and coaxed her daughter to have sexual relations with him on the promise that he would marry her. The informant became aware of this when Shabana informed her mother that Naushad had cheated on her and she had become pregnant. The question in this case here is whether or not Naushad was guilty of rape. The Court ruled?Naushad guilty of rape under Section 375 of the Indian Penal Code and sentenced him to life imprisonment with a fine of ten thousand rupees under Section 376 of the Indian Penal Code. Anurag Soni v. State of Chhattisgarh was another case (2019). In this case, a pharmacist student, aware that the appellant's marriage was set with another lady named Priyanka Soni, offered him permission to have sexual relations with her only if he assured her that he would marry her. As a result, the Court found that based on the evidence, the accused had no intention of marrying the prosecutrix from the start, and he made a false promise to her in exchange for her agreement to have sexual contact with him, because her permission was based on a misunderstanding of the facts under Section 90, her consent will be ruled null and void. As a result, the accused was found guilty of rape under Section 375 of the IPC and sentenced under Section 376 of the IPC. Section 90 of the IPC was also used in Yedla Srinivasa Rao v State of A.P (2006).?

Justice Y.V. Chandrachud rejected the FIR issued by the complainant, an Assistant Commissioner of Sales Tax, against the accused, a Deputy Commandant in the CRPF, in Pramod Suryabhan Pawar v State of Maharashtra (2019). The plaintiff in this instance has known the accused since 1998. In this case, she claimed that the accused began a sexual connection with her in 2008 with the promise of marriage. He began voicing reservations about their marriage in 2014, citing her caste, but they both continued in the relationship. They maintained their friendship by visiting each other's homes on numerous occasions and staying together for days. The Court ruled that in any situation when a man fails to marry a woman despite a commitment made to her, he cannot be held guilty of rape. He may only be found guilty if it can be proven that the promise to marry was made with no intention of keeping it and that this was the sole reason the lady agreed to have a sexual connection. Following this decision, the question of whether consent acquired based on a false promise to marry may be a good defence for the crime of rape emerges. To respond to this point, the Court stated that there is a clear contrast between rape and consensual sex, thus it is critical in every case to carefully assess whether the accused wished to marry the complainant or had mala fide objectives while making a false promise to fulfil his passion. If he had mala fide intents at the time of making the promise and receives the girl's agreement by misleading her, and she also consents for the same, her consent will not be treated as consent gained by factual misrepresentation under Section 90 of the Indian Penal Code.

CONCLUSION

Marriage is seen as a holy institution in our traditional society, and females are conditioned to unconditionally sacrifice their selves to their spouses. Even per Indian law, non-consensual sex within the marriage is not considered rape. Rape has a long-term impact on victims' life because they suffer both physically and psychologically as a result of sexual assault. Rape is the most distressing and humiliating crime for both the victim and their family members. Because the state must safeguard the life of every citizen, before convicting anybody for the conduct of a crime, the facts of each case must be thoroughly investigated, as well as the evidence and peripherals connected, before issuing any verdict or making any decision. As a result, instances involving a false promise to marry the accused's purpose must be thoroughly analysed, because any improper choice or error might result in unfairness to the accused.