In this blog we will read what will happen when some one make sexual relation with any girl by promise to marry her!
In old law (IPC) Have no any particular section about this matter so it does considered as Rape, after some interpretation of Law and consider the Huge false case or missuse of 376 IPC. Supreme Court said that in his judgement in the case of mandar Deepak Pawar vs state of maharashtra
"It was not Rape If consensual physical relation was based on genuine promise of marriage which couldn't be fullfilled".
Now we will read new provision which has been added in Bharatiya Nyaya Sanhita act 2023 about above mentioned matter.
Let's go -
Section 69 of BNS - If any person whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with any girl/woman/her , such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years and shall also be liable to fine.
Explanation.—“deceitful means” shall include inducement for, or false promise ofemployment or promotion, or marrying by suppressing identity.
As per the interpretation by book of Indian law -
Suppressing identity means - suppressing about Religion, or post , cast, race, any thing which effect the genuineness of relationship.
Thanks.
www.bookofindianlaw.com
Book of Indian Law - youtube.
Advocate at patna high court Bihar.
