Every Breach of Promise to Marry is Not Rape: Supreme Court Acquits Man Sentenced to 10 Years Imprisonment

Every Breach of Promise to Marry is Not Rape: Supreme Court Acquits Man Sentenced to 10 Years Imprisonment

31-Jan-2023 | Article by Legal White Official

In a recent case, the Supreme Court of India acquitted a man who was sentenced to 10 years in prison for alleged rape. The court found that the man was not guilty of rape as every breach of promise to marry is not considered as rape under Indian law.


The case dates back to the year 2013 when the man was charged with rape by a woman who claimed that he promised to marry her but later broke the promise. The woman argued that the man had sexual intercourse with her under false pretenses of marriage and thus, he was guilty of rape.


However, the Supreme Court took a different view of the matter and noted that a breach of promise to marry by itself is not enough to prove the offense of rape. According to the court, there must be clear evidence of false promise of marriage made with the intention of inducing sexual intercourse. The court also stated that a false promise of marriage made after the act of sexual intercourse does not amount to rape.


In the present case, the court found that the man and the woman had a consensual sexual relationship and there was no clear evidence of a false promise of marriage made with the intention of inducing sexual intercourse. The court also noted that the man had not made any false promise of marriage after the act of sexual intercourse.


The court emphasized that every breach of promise to marry is not considered as rape under Indian law. Rape is a serious offense and requires clear and credible evidence to prove the same. The court also stated that the provisions of the Indian Penal Code (IPC) and the Criminal Law (Amendment) Act, 2013 have made it clear that rape is an act of sexual intercourse without consent.


In conclusion, the Supreme Court's decision in this case serves as an important reminder that every breach of promise to marry is not considered as rape under Indian law. The court emphasized that clear and credible evidence is necessary to prove the offense of rape, and that a false promise of marriage made with the intention of inducing sexual intercourse is a necessary ingredient to establish the offense of rape.


A recent case heard by the Supreme Court of India where a man was acquitted of rape charges after being sentenced to 10 years in prison. The court found that a breach of promise to marry by itself is not enough to prove the offense of rape and clear evidence of a false promise of marriage made with the intention of inducing sexual intercourse is required. The decision serves as a reminder that rape is a serious offense and requires clear evidence to prove the same.

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