Cuttack: The Orissa High Court has ruled that sexual relationship between two adults with false promise of marriage is not rape and will not be punishable under Section 376 of the Indian Penal Code (IPC).
The court issued the ruling after hearing the case of one G Achyut Kumar, who was arrested on the charges of raping a 19-year-old girl in Koraput in 2019 and denied bail by a lower court.
The girl had lodged a complaint with police that the accused had promised to marry her, and taking advantage of her innocence, established sexual relationship with her. She had become pregnant twice due to the relationship and the accused had coerced her to abort the pregnancy.
Announcing the court’s ruling, Justice SK Panigrahi said the rape laws should not be used to regulate intimate relationships, especially in cases where women have agency and are entering a relationship by choice.
“The law is well settled that consent obtained on a false promise to marry is not a valid consent. Hence, the automatic extension of provisions of Section 90 of IPC to determine the effect of consent under Section 375 of IPC deserves a serious relook. The law holding that false promise to marriage amounts to rape appears to be erroneous,” Justice Panigrahi said.
The alleged conduct of the appellant may not be a generally approved social conduct but the instant case is riddled with some visible contradiction of facts. The law on this issue, at this stage, has potency to come to the rescue of the appellant. This court sets aside the order passed by the Ld. Sessions Judge-cumSpecial Judge, Koraput-Jeypore and allows the prayer of the appellant.
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