Consensual Sex On Promise Of Marriage Does Not Amount To Rape: Orissa HC

by Dikhyaa Mohanty
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The Orissa High Court has ruled that indulging in a sexual relationship with an adult lady over promise of marriage does not amount to rape. The Orissa HC Court stated if a woman has entered into a sexual relationship on consent, the accused in this case cannot be booked on rape charges.

The High Court gave the verdict during the bail hearing of an alleged rape case. The Court also ordered the lower Court to give conditional bail to the accused. Under the condition, the Court has specified that the accused, under bail, will cooperate in the investigation process and not threaten the victim.

As per reports, a youth had a physical relationship with a woman on the false promise of marriage. However, the accused fled away after some days. Following a complaint from the victim at Nimapara police station, the accused was arrested and forwarded to court. Subsequently, the accused moved to High Court when his bail petition was rejected by the lower court.

The bench headed by Justice Sanjeeb Panigrahi noted that holding that false promise of marriage amounts to rape, appears to be erroneous as the ingredients of rape codified under Section 375 of the IPC do not cover it.

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