Delhi High Court observed that sex on marriage promise if sustained for a long period of time with the women’s consent does not translate as rape.
The Court said “A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time” while quashing the rape case filed by a woman who had an on-off relationship with the man.
The court agreed with the findings of the trial court that the woman had consented for physical relations on her own free will and not on the promise of marriage. If any talks about marriage took place between the couple, it happened after the physical relations were established.
“In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same. Such inducement in a given moment may elicit consent, even though the concerned party may want to say no,” the court explained.
Justice Vibhu Bakhru said that the rape charges can be pressed if the sexual relationship is induced on the promise of marriage and sustains momentarily. Only in such cases, the scenario “may vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375”, the court added.
The woman in her complaint had stated that she had a physical relationship with the accused in 2008. After 3-4 months, he had promised to marry her and she eloped with him. “In view of the said statement, the woman’s allegation that her consent to engage in sexual activity with the accused, is vitiated, as the same was secured on a promise to get married, is not sustainable” the court observed.
