The Delhi High Court quashed a rape FIR filed in 2021, saying the case was an example of misuse of Section 376 IPC. The court found that the relationship was consensual and not based on a false promise of marriage.
Allahabad High Court ruled that a long-term consensual physical relationship based on mutual understanding and without deceit from the beginning cannot be considered rape under IPC Section 375.
The Allahabad High Court ruled that if a woman agrees to a sexual relationship under fear or false promises, it still counts as rape. The court refused to cancel proceedings against a man accused of rape under the pretext of marriage.
The Madhya Pradesh High Court quashed a rape case, stating that a woman cannot allege rape only because a long-term consensual relationship did not lead to marriage. The court emphasized the difference between a failed promise and intentional deceit.
The Bombay High Court quashed a rape FIR, stating that the woman’s consent was not obtained through deception as both partners had a long-term relationship, with marriage discussions involving their families.
The Bombay High Court ruled that a second marriage while the first is still valid is not just bigamy but also rape if obtained under false pretenses. The court dismissed a petition to quash the FIR against the accused.
The Madhya Pradesh High Court ruled that a woman has enough time in a year to understand whether a promise of marriage was false or merely unfulfilled. The court quashed the FIR against the accused, stating it was an abuse of legal process.
The Orissa High Court questioned the assumption that women engage in intimacy only to secure marriage. It stressed the importance of sexual autonomy and urged legal reforms to avoid automatically criminalizing failed relationships under the pretext of a false promise of marriage.
The Madhya Pradesh High Court ruled that a married woman cannot claim her consent was obtained through a false promise of marriage. The court dismissed the rape case, stating that such consent does not qualify as “misconception of fact.”
The Kerala High Court recently called for gender-neutral rape laws, particularly in cases where a false promise of marriage is made. It questioned the current laws, which allow women to avoid prosecution for tricking men, while men can be charged with rape for similar acts.
