Breach of Marriage Promise Due to Parental Opposition Is Not Rape, Says Bombay HC
On January 30, the Bombay High Court ruled that breaking a marriage promise because of parental opposition does not amount to rape under Section 375 of the Indian Penal Code (IPC). The decision was made by the Nagpur bench while discharging a man accused of fraudulently obtaining a woman’s consent by promising marriage.
The court clarified that there is a clear difference between breaching a promise and not fulfilling a false promise. In this case, the woman claimed that she and the man became physically involved based on his promise to marry her. However, when the man later got engaged to another woman, she filed a complaint in 2019.
The court ruled that the man’s decision to withdraw from the marriage commitment due to his parents’ opposition does not warrant a rape charge under Section 375 of the IPC. The man had approached the High Court after his discharge application was rejected by a local sessions court.
The woman’s lawyer argued that since her consent was obtained on false premises, Section 375, which pertains to rape, should apply. However, the accused maintained that he initially intended to marry her, but she showed no interest. It was only when he got engaged to another woman that the complainant lodged the complaint.
Justice M.W. Chandwani, who headed the bench, pointed out that WhatsApp chats between the two revealed that the man was initially willing to marry the complainant, but she had informed him that she would marry someone else. The court cited Supreme Court judgments, stating the distinction between a mere breach of promise and not fulfilling a false promise.
With these observations, the High Court quashed the sessions court’s order and discharged the accused from the case.
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