• 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
CM Mohan Majhi

Odisha CM Mohan Majhi To Conduct Aerial Survey Of Rain-Affected Areas On Sunday

2 hours ago
DGP Vinaytosh Mishra

Odisha Police To Set Up Special Units In All Districts To Tackle Organised Crime

3 hours ago
Husband arrested for killing wife

Bengaluru Police Crack Odisha Woman’s Murder Case, Husband Arrested; Check Details

3 hours ago
‘Koi Bada Chehra Nahi Aaya’: Raza Murad Calls Out Bollywood For Skipping Mushtaq Khan’s Funeral

‘Koi Bada Chehra Nahi Aaya’: Raza Murad Calls Out Bollywood For Skipping Mushtaq Khan’s Funeral

3 hours ago
Animesh Kujur

Asian Games 2026: Odisha’s Animesh Kujur Qualifies For 200M Final; Can He Win A Medal Tomorrow?

4 hours ago
Ranbir Kapoor’s ‘Jai Shree Ram’ Moment With MrBeast At Ramayana Event Goes Viral

Ranbir Kapoor’s ‘Jai Shree Ram’ Moment With MrBeast At Ramayana Event Goes Viral

4 hours ago
Salman Khan Schools Manoj Tiwari’s Daughter Rhiti Over Her Remarks Against Uditi Singh

Salman Khan Schools Manoj Tiwari’s Daughter Rhiti Over Her Remarks Against Uditi Singh

5 hours ago
Indian Diplomat’s Reaction to Shehbaz Sharif’s UNGA Speech Goes Viral

Indian Diplomat’s Reaction to Shehbaz Sharif’s UNGA Speech Goes Viral

5 hours ago
Lord Jagannath and siblings

Puri Temple Authorities To Make New Set Of Ornaments For ‘Suna Besha’ Ritual Of Lord Jagannath & Siblings

5 hours ago
Vicky Kaushal’s ‘Love & War’ First Look Is Raw, Rugged And Hard To Miss

Vicky Kaushal’s ‘Love & War’ First Look Is Raw, Rugged And Hard To Miss

5 hours ago
Tajinderpal singh toor silver

Asian Games 2026: Despite Double-Gold Day, India’s 100-Medal Target A Distant Dream At Halfway Stage

5 hours ago
Election Commission full panel

SIR Dissent Row: Gyanesh Kumar & ECs Issue Clarification; Process Changed For Voters Under A Cloud

6 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Sunday, September 27, 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

CM Mohan Majhi

Odisha CM Mohan Majhi To Conduct Aerial Survey Of Rain-Affected Areas On Sunday

by OB Bureau
September 26, 2026

Bhubaneswar: Chief Minister Mohan Charan Majhi will on Sunday conduct an aerial survey of areas affected by recent heavy rainfall in...

DGP Vinaytosh Mishra

Odisha Police To Set Up Special Units In All Districts To Tackle Organised Crime

by OB Bureau
September 26, 2026

Bhubaneswar: Odisha Police will set up special units in all districts to deal with organised and sensitive crime cases, DGP...

Husband arrested for killing wife

Bengaluru Police Crack Odisha Woman’s Murder Case, Husband Arrested; Check Details

by OB Bureau
September 26, 2026

Bengaluru: Bengaluru police have cracked the murder case of an Odisha woman whose body was found early this month at...

Animesh Kujur

Asian Games 2026: Odisha’s Animesh Kujur Qualifies For 200M Final; Can He Win A Medal Tomorrow?

by OB Bureau
September 26, 2026

Nagoya: Animesh Kujur bounced back from the disappointment of failing to make the Men’s 100m final by securing his place...

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

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

TPWODL-Sep TPWODL-Sep TPWODL-Sep
OMC-Ad OMC-Ad OMC-Ad
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