However, the Court made it clear that each case with allegations of rape or deceitful sex on false promise of marriage must be considered in light of its specific set of facts and circumstances.
The Kerala High Court recently said that a married woman cannot say she was forced into having sex because someone falsely promised to marry her.
However, Justice Bechu Kurian Thomas added that every case involving rape or false promises of marriage should be looked at carefully, based on the specific facts and situation.
“It is observed that while considering the cases alleging rape on the basis of the promise of marriage, it is difficult for this Court at this juncture to enter into a conclusion regarding whether the relationship was consensual or not. The entire circumstances will have to be taken into consideration especially when a married lady enters into a physical relationship with another person. If both of the parties are aware about a subsistent marriage it cannot be alleged that the sexual intercourse between them was with a promise to marry,“ the Court’s order said.
The order came in response to a bail plea filed by a man booked under Sections 84 (taking away or luring a married woman with criminal intent) and 69 (sexual relations through deceit) of the Bharatiya Nyaya Sanhita (BNS). Section 69 includes false promises of marriage as a form of deceit and carries a punishment of up to 10 years in jail.
According to the prosecution, the accused had sex with the woman by falsely promising to marry her. He also allegedly borrowed ₹2.5 lakh from her and later threatened to leak her photos and videos.
- He was arrested on June 13 and has been in jail since then.
- His lawyer denied all the accusations and said they were made because of a money dispute. He claimed the woman only brought up the rape allegation to pressure the man into paying her money.
- The Court said that, based on earlier rulings, a promise of marriage doesn’t hold if one of the people is already married.
- The Court said that since the woman in this case is married, it is doubtful at first glance whether Section 69 of the BNS applies.
- It also pointed out that the other charge under Section 84 is a bailable offence.
- Taking these points into account, the Court decided to grant bail to the man.