DELHI HIGH COURT: CONSENT FOR SEX NOT MISCONCEIVED WITHOUT FALSE PROMISE OF MARRIAGE

by | Apr 7, 2024

The Delhi High Court recently emphasized that a woman’s consent for physical relations cannot be considered misconceived unless there is evidence of a false promise of marriage. This observation came in a case where a rape accusation was quashed after the parties settled their dispute and got married.

BACKGROUND:

The woman had accused the man of repeatedly having physical relations with her under the pretext of marriage but later refusing to marry her, citing family reasons.

KEY ASPECTS:

  • The court noted that when a woman makes a reasoned choice to engage in physical relations, the consent cannot be deemed based on misconception unless there is clear evidence of a false promise of marriage.
  • The woman informed the court that she was living happily with the man and did not wish to proceed with the FIR.
  • The man voluntarily married the woman during the investigation, indicating that the initial promise was not made in bad faith.

DELHI HIGH COURT JUDGMENT

  • The court quashed the rape case, stating that continuing with the proceedings would be an abuse of court process and cause disruption in the harmony between the parties.
  • It noted that the chances of conviction after trial were remote due to the settlement between the couple.

The Delhi High Court’s decision highlights the importance of clear evidence of a false promise of marriage to establish consent based on misconception in cases involving physical relations. The court’s focus on promoting harmony between the parties through settlement reflects a pragmatic approach to resolving such disputes.

SOURCE- INDIA TODAY

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

Related Posts