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Consensual Sexual Intercourse on False Pretext of Marriage If Rape: A Socio - Legal Study

Surbhi Gupta , Surbhi Gupta1 , Rahul Gautam

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Indian Journal of Law and Human Behavior 5(2(Special Issue)):p 191-197, May - August 2019. | DOI: 10.21088/ijlhb.2454.7107.5219.13

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Surbhi Gupta, Rahul Gautam. Consensual Sexual Intercourse on False Pretext of Marriage If Rape: A Socio- Legal Study. Indian
J Law Hum Behav. 2019;5(2):191–197.
 

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Received : N/A         Accepted : N/A          Published : N/A

Abstract

At the very onset, violence against women such as sexual assault and abuse without consent is the major problem in India. Laws that protect women against such abuses and assaults have been amended over the years, particularly after some high-profile cases. However, there are growing numerous cases where the consensual physical relations, for any reason, have breakdowns and women cries “RAPE” on the ground of false promise for marriage. In today’s modern time, the major problem related to rape comes forward in our society i.e. “physical relation in the context of false promise for marriage”. This false promise by men to marry women not amount to consent for physical relation. It’s a clear case of cheating and misconception. So crying ‘Rape’ is the only possible option because she could be left high and dry, may even pregnant, by the man who scoots away and marries someone else. That’s why the Supreme Court ruled that the consent for sex obtained under the false promise of marriage is amount to RAPE. These offenses are against society. Rape is the most morally and physically reprehensible crime in a society, it is an assault on the body, mind, and privacy of the victim. Victims of Sexual Offences experience a wide range of physical and psychological problems.

Keywords: Rape; False Promise; Consent; Sexual Intercourse; Marriage; Indian Penal Code, 1860; Indian Evidence Act, 1872; Cheating and Misconception.

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Cite this article

Surbhi Gupta, Rahul Gautam. Consensual Sexual Intercourse on False Pretext of Marriage If Rape: A Socio- Legal Study. Indian
J Law Hum Behav. 2019;5(2):191–197.
 

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Received Accepted Published
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DOI: 10.21088/ijlhb.2454.7107.5219.13

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