'Sex on pretext of marriage is not always rape', Delhi HC argues on consensual intimacy before marriage

17-12-2020

While hearing a rape case on Thursday, the Delhi High Court observed that sex on the pretext of marriage does not constitute rape if the woman continues to have intimacy over a long period of time. The Delhi HC observed, "A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time." Justice Vibhu Bakhru said that in some of the cases, people agree to have sex after the promise of marriage is made. However, the same does not apply to cases with long-term intimacy. The court said, "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 inducements in a given moment may elicit consent, even though the concerned party may want to say no."

Court made observations while acquitting man of rape
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The HC stated that in cases of false promise to marry, the other party may "vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375". The court stated that in cases that involve intimacy over a prolonged period of time, the same cannot be seen as rape. The court made the observations after it acquitted a man of raping a woman. The woman told the court that she had a physical relationship with a man in2008 and after three-four months, the man promised to marry her and she eloped with him. The woman alleged that she was raped by the accused but the court acquitted the man of all charges.