• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
Orissa High Court

Sex In Case Of Breach Of Marital Promise Is Not Rape, Rules Orissa High Court

3 years ago
Anil Kapoor’s Daughter Rhea Kapoor Robbed Of Earrings Worth Rs 1.35 Crore, Mumbai Police Launch Probe

Anil Kapoor’s Daughter Rhea Kapoor Robbed Of Earrings Worth Rs 1.35 Crore, Mumbai Police Launch Probe

20 minutes ago
5 More Arrested In Rayagada Mob Attack, Naveen Patnaik Seeks Strict Action By Odisha Govt

5 More Arrested In Rayagada Mob Attack, Naveen Patnaik Seeks Strict Action By Odisha Govt

25 minutes ago
Part of temple roof collapses in Parbhani

Portion Of Hanuman Temple Roof Collapses In Maharashtra; Dozens Of Devotees Trapped Under Debris; Multiple Casualties Feared

35 minutes ago
Travel Without Valid Train Ticket; Pay Double The Penalty From Today

Travel Without Valid Train Ticket; Pay Double The Penalty From Today

43 minutes ago
Double-Engine Govt Accelerating Odisha’s Growth, Holds Key To Purvodaya: PM Modi

Double-Engine Govt Accelerating Odisha’s Growth, Holds Key To Purvodaya: PM Modi

1 hour ago
Abu Dhabi Re-Examination Centre Was Selected Using Candidate’s Own Registered Login: NTA

Abu Dhabi Re-Examination Centre Was Selected Using Candidate’s Own Registered Login: NTA

1 hour ago
Odisha IAS Officer Nikunja Dhal Gets Additional Charge In Central Govt

Odisha IAS Officer Nikunja Dhal Gets Additional Charge In Central Govt

2 hours ago
Pakistan Left Embarrassed After Vance Pulls It Up For Lack Of Press Freedom

Pakistan Left Embarrassed After Vance Pulls It Up For Lack Of Press Freedom

2 hours ago
Prez Murmu, PM Modi Offer Prayers At Tribal Sacred Sites In Odisha’s Pahadpur

Prez Murmu, PM Modi Offer Prayers At Tribal Sacred Sites In Odisha’s Pahadpur

3 hours ago
Monsoon To Advance Further Into Odisha By June 23 Amid Rain Relief Due To Trough

Monsoon To Advance Further Into Odisha By June 23 Amid Rain Relief Due To Trough

3 hours ago
Tharoor Appreciates Modi; BJP Gets Ammo To Attack Rahul

Tharoor Appreciates Modi; BJP Gets Ammo To Attack Rahul

3 hours ago
President Murmu, PM Modi Launch Projects Worth Over Rs 47600 Cr In Odisha

President Murmu, PM Modi Launch Projects Worth Over Rs 47600 Cr In Odisha

3 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Saturday, June 20, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home Featured

Sex In Case Of Breach Of Marital Promise Is Not Rape, Rules Orissa High Court

by OB Bureau
July 7, 2023
in Featured, Legal, Odisha
Reading Time: 2 mins read
Orissa High Court
491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

Cuttack: In a significant verdict, the Orissa High Court has observed that if a relationship goes sour and a person decides not to marry the partner, sex that preceded should not be considered rape.

The High Court’s observation came while considering a petition challenging the legality of criminal proceedings initiated under Sections 420, 376 and 354 in a case where a relationship had gone sour after seven years.

ADVERTISEMENT

Terming the act as dissimilar to having sex under the false promise of marriage, Justice R K Pattanaik said, “There is a subtle difference between breach of promise, which is made in good faith but subsequently could not be fulfilled, and a false promise to marriage. In the former case, for any such sexual intimacy, an offence under Section 376 IPC (sexual assault) is not made out, whereas, in the latter, it is, since the same is based on the premise that the promise to marriage was false or fake from the very beginning, which is given on the understanding by the accused that it would be broken finally.”

A sour relationship, if initially started and developed genuinely with friendship, should not always be branded as a product of mistrust and mischief, thereby accusing the male partner of rape, the HC observed.

From the FIR and material evidence, it is observed that there was no genuine promise from the accused. It could not be established that the promise was fake and meant to induce the partner to obtain his/her consent to maintain sexual relationship, It said.

Therefore, it would not be an act in bad faith and an offence under Section 376 IPC could not be made out, Justice Pattanaik ruled in a recent order.

As per the case records, the woman had entered into a relationship with the petitioner which was built upon a friendship at a time when she was not yet divorced from her husband. A promise by the petitioner was broken, though he had initial interest and inclination to marry the woman, who, for certain reasons was not ready for it at that point of time.

Noting that the parties were aware of the consequences, the court said the parties are educated and well placed and were quite aware of the consequences and still engaged themselves in a relationship which remotely appear to be one sided and having understood the kind of relationship it was developed and had become later on, the court reaches at a conclusion that it would not be justified to allege rape against the petitioner.

Share196Tweet123
ADVERTISEMENT
Previous Post

[Watch] India’s Butter Garlic Naan Is ‘Second Best’ Flatbread In The World

Next Post

Odisha Non-Gazetted Forest Employees Call Off Cease-Work Agitation

OB Bureau

OB Bureau

Related Posts

5 More Arrested In Rayagada Mob Attack, Naveen Patnaik Seeks Strict Action By Odisha Govt

5 More Arrested In Rayagada Mob Attack, Naveen Patnaik Seeks Strict Action By Odisha Govt

by OB Bureau
June 20, 2026

Rayagada: Five more people were arrested on Saturday in connection with the alleged mob attack on a young woman and...

Double-Engine Govt Accelerating Odisha’s Growth, Holds Key To Purvodaya: PM Modi

Double-Engine Govt Accelerating Odisha’s Growth, Holds Key To Purvodaya: PM Modi

by OB Bureau
June 20, 2026

Baripada: Prime Minister Modi on Saturday asserted that the double-engine government of BJP is accelerating Odisha's development journey and transforming...

Odisha IAS Officer Nikunja Dhal Gets Additional Charge In Central Govt

Odisha IAS Officer Nikunja Dhal Gets Additional Charge In Central Govt

by OB Bureau
June 20, 2026

Bhubaneswar: Senior Odisha cadre IAS officer Nikunja Bihari Dhal, who is currently on Central deputation, has been assigned additional charge....

Prez Murmu, PM Modi Offer Prayers At Tribal Sacred Sites In Odisha’s Pahadpur

Prez Murmu, PM Modi Offer Prayers At Tribal Sacred Sites In Odisha’s Pahadpur

by OB Bureau
June 20, 2026

Baripada: President Droupadi Murmu and Prime Minister Narendra Modi on Saturday offered prayers at tribal sacred sites, including Gosani Peeth...

Next Post
Mrunal Thakur Compared To Madhubala By ‘Kalki’ Director, Urged Not To Do ‘Random Stuff’

Mrunal Thakur Compared To Madhubala By 'Kalki' Director, Urged Not To Do 'Random Stuff'

SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media