• 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
Armed Maoists Gone But “Dimagi Naxals” Continue To Operate, PM Modi In Bastar

Armed Maoists Gone But “Dimagi Naxals” Continue To Operate, PM Modi In Bastar

10 minutes ago
HC Intervenes As Odisha Challenges Hockey India’s Move To Strip Permanent Status

HC Intervenes As Odisha Challenges Hockey India’s Move To Strip Permanent Status

52 minutes ago
Attempt To Disrupt Diwali Celebrations In Seattle; Indian Diaspora Reacts

Attempt To Disrupt Diwali Celebrations In Seattle; Indian Diaspora Reacts

1 hour ago
Odisha Celebrates Diwali: Governor, CM Mohan Majhi, Dy CMs Extend Greetings; Twin City Cops Put On Alert

Odisha Celebrates Diwali: Governor, CM Mohan Majhi, Dy CMs Extend Greetings; Twin City Cops Put On Alert

1 hour ago
Odisha Vehicle Owners Scramble After MoRTH Sends ‘Permanent Archive’ Alerts

Odisha Vehicle Owners Scramble After MoRTH Sends ‘Permanent Archive’ Alerts

2 hours ago
Odisha Woman Attacks Judge, Prosecutor Inside Court Premises; Know What Happened

Odisha Woman Attacks Judge, Prosecutor Inside Court Premises; Know What Happened

2 hours ago
Venezuela’s Acting President Joins Diwali Celebrations In Caracas

Venezuela’s Acting President Joins Diwali Celebrations In Caracas

2 hours ago
From Kamasutra To Sanskrit & Anglo-Indian Literature: Tracing Diwali’s Literary History

From Kamasutra To Sanskrit & Anglo-Indian Literature: Tracing Diwali’s Literary History

2 hours ago
House Fire In Odisha’s Jajpur: Two Children Among 4 Dead As Single Exit Traps Family

House Fire In Odisha’s Jajpur: Two Children Among 4 Dead As Single Exit Traps Family

3 hours ago
Cease Fight Against Political Opponents, India And Afghanistan, Bilawal Bhutto To Pakistan Govt And Army

Cease Fight Against Political Opponents, India And Afghanistan, Bilawal Bhutto To Pakistan Govt And Army

3 hours ago
A Night Of Shraddha Ritual: Here’s Odisha’s Unique Diwali

A Night Of Shraddha Ritual: Here’s Odisha’s Unique Diwali

3 hours ago
Latest Odisha Breaking News Updates | Sunday, 08 November 2026

Latest Odisha Breaking News Updates | Sunday, 08 November 2026

4 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Sunday, November 8, 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

HC Intervenes As Odisha Challenges Hockey India’s Move To Strip Permanent Status

HC Intervenes As Odisha Challenges Hockey India’s Move To Strip Permanent Status

by OB Bureau
November 8, 2026

Kataka: In a significant relief to the Hockey Association of Odisha (HAO), the Orissa High Court has stayed Hockey India’s...

Odisha Celebrates Diwali: Governor, CM Mohan Majhi, Dy CMs Extend Greetings; Twin City Cops Put On Alert

Odisha Celebrates Diwali: Governor, CM Mohan Majhi, Dy CMs Extend Greetings; Twin City Cops Put On Alert

by OB Bureau
November 8, 2026

Bhubaneswar: On the auspicious occasion of Diwali, political leaders across party lines in Odisha took to social media platform X...

Odisha Vehicle Owners Scramble After MoRTH Sends ‘Permanent Archive’ Alerts

Odisha Vehicle Owners Scramble After MoRTH Sends ‘Permanent Archive’ Alerts

by OB Bureau
November 8, 2026

Bhubaneswar: A mass SMS campaign from the Ministry of Road Transport and Highways sparked widespread anxiety among vehicle owners in...

Odisha Woman Attacks Judge, Prosecutor Inside Court Premises; Know What Happened

Odisha Woman Attacks Judge, Prosecutor Inside Court Premises; Know What Happened

by OB Bureau
November 8, 2026

Bhubaneswar: A shocking incident unfolded on Saturday on the premises of Judicial Magistrate First Class (JMFC) court in Jharigaon, Odisha’s...

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

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

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