Orissa HC Says Sex On False Promise Of Marriage Not Rape, Grants Bail To Accused

Cuttack: The Orissa High Court has ruled that a sexual relationship between two consenting adults on the false pretext of marriage does not amount to rape.

Hearing a bail plea in an alleged rape case, the single bench of Justice Sanjeeb Panigrahi ruled that it would not fall within the purview of Section 376 of the IPC unless the consent for sex was obtained by a fraudulent act or misrepresentation. “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.”

The HC also directed the lower court to grant conditional bail to the accused, Santosh Kumar Nayak, who has been asked to cooperate in the investigation process and not threaten the complainant.

According to sources, a woman had lodged a complaint at Nimapara police station against the person, who allegedly fled after developing a physical relationship with her on the false promise of marriage. He was subsequently arrested. The accused moved the HC after his bail plea was rejected by a lower court.

“In the Pramod Suryabhan Pawar vs the State Of Maharashtra case, the Supreme Court had earlier said that if a man reneges on his promise to marry a woman after having a sexual relationship on a consensual basis, he can be booked on other criminal acts but not Section 376 of the IPC. The High Court has upheld that verdict,” said Debasnana Dash, advocate of the accused.

Quashing a rape case again last year, the apex court has also observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good faith but subsequently not fulfilled.