
Allahabad High Court: Consent Under Fear or Misconception Amounts to Rape
The Allahabad High Court ruled that consent under fear or false promise of marriage is not valid, and such sexual relations amount to rape under Section 376 IPC.
The Allahabad High Court ruled that consent under fear or false promise of marriage is not valid, and such sexual relations amount to rape under Section 376 IPC.
The Kerala High Court ruled that consensual sex without a “misconception of fact” does not amount to rape. It quashed charges against a man, holding that the relationship was voluntary and based on mutual consent.
The Bombay High Court quashed a rape FIR against a man accused of deceiving a woman with a false promise of marriage. The court ruled that the relationship was consensual, both families had discussed marriage, and there was no evidence of bad faith from the start.
The Madhya Pradesh High Court ruled that a husband cannot be charged with rape under IPC, as Indian law does not currently recognise marital rape. The Court dismissed the FIR filed by the wife of MLA Umang Singhar.
The Bombay High Court stated that a second marriage while the first marriage is still valid amounts not only to bigamy but also rape if done under false promises, and rejected a plea to dismiss the FIR.
The Allahabad High Court granted bail to two men accused of rape, observing that false accusations in sexual offence cases are becoming more frequent, and society has evolved since older legal precedents.
The Supreme Court has quashed a rape case after finding that the promise of marriage was made in good faith and not with the intent to deceive. The court ruled that the FIR was an abuse of the legal process.
The Supreme Court ruled that a married woman cannot accuse a man of rape based on a false promise of marriage, calling the relationship consensual and the promise legally unenforceable.
A woman in Hailakandi, Assam, was sent to judicial custody after being found guilty of filing a false rape FIR. The court condemned the misuse of the legal system and issued a strong message to those misusing the law for personal revenge.
The Allahabad High Court has quashed a rape FIR filed during a marital dispute, as both parties resolved their differences and agreed not to pursue the case further.