Rape is the most hideous and evil form of crime. Not only physically but mentally, it destroys the victim thoroughly. Marriage is believed to be one of the most sacred relations in society. Earlier, it was almost a sin to build a physical relationship before marriage. Nowadays, people are becoming more open-minded about marriage, and as a result, many of them prefer to have sex before marriage without vowing to marry later. It is not the case every time. Some people actually try to have sex on the promise of marriage. Dating apps also play an essential role in it. The availability of many dating apps gives individuals the liberation to build physical intimacy without prior knowledge of each other. The increase in the number of these users is directly proportional to the rise in the number of fake rape cases, which needs serious attention. Let us put this topic for another day. Today this article will discuss whether having sex on the promise to marry is rape.
Before coming to any legal conclusion, it is essential to examine how Indian law describes rape.
How Law Defines Rape
Section 375 of the IPC describes rape extensively. According to it, rape is when a man tries to build physical intercourse by penetrating his penis or trying to insert anything into a woman’s anus, urethra, mouth, and vagina or forcing her to do the same with him or other without her consent or against her will.
The question arises: what is consent, and to what extent can it be defined? Therefore, under the same section, various descriptions for ‘consent’ have been given. If consent were obtained by pressurizing her or her related one of hurt would not be considered as consent, for instance.
According to section 375 of IPC, when a woman, through gestures, words, or any form of verbal and non-verbal communication, expresses her willingness to participate in a specific sexual activity would be considered as consent of that woman.
Section 90
Section 90 of the Indian Penal Code does not define consent but indeed describes what is not consent. According to it, if consent was given for fear of injury to her or her related ones, or the consent of an absent-minded or a child under twelve years of age, or the consent of a person not knowing the consequences and nature to which he is giving his consent.
Whether Having Sex on Promise to Marry is Rape
Supreme Court has stated if a genuine promise was made before the sexual intercourse between partners, it does not fall into the category of rape. Notable, if the person could not fulfill his promise because of some legitimate reasons, then sexual intercourse made between partners will not be considered rape.
Apart from this, the Supreme Court has been seen taking a broad view on the word ‘consent’ written in section 375 of IPC. As a result of which, the Supreme Court has stated that if a man has made fake promises to marry from the very initial stages of sexual intercourse without having any willingness to marry later, then it would be considered rape. However, only the court will decide the intention of the accused after listening to various arguments and evidence.
A large portion of society faces this issue, but they dare not come out because of societal pressure. On the other hand, some are misusing this power by registering fake rape cases against men. The court has also stated that every time, men cannot be charged under section 375 if they fail to marry in spite of the promise he has made.
Conclusion
Rape is considered to be one of the evilest forms of crime, morally and legally. There are specific laws that are made to punish the guilty. The main aim of this article was to find out whether having sex on the promise to marry is rape has been answered successfully. Cases where a man makes false promises to marry just for the sake of fulfilling his lust come under the category of rape, and the accused shall be liable to strict punishment. However, if the accused is found to have intentions of marriage but, for some reason, the promise could not be fulfilled, he would not be guilty.
Also Read: Gopal Ghosh Vs The State of West Bengal Ors.