A married woman had sexual relations with the accused, who promised to marry her. The courts initially found the accused guilty of the offense under Section 376 of the Indian Penal Code (IPC), but after a closer examination of the evidence, it was found to be a fallacy. The key issue is whether the woman’s consent was given under a false promise or not. There is a difference between a false promise and a breach of promise, and the court must examine each case based on its specific facts. In this case, the woman was mature and intelligent enough to understand the consequences of her actions and her conduct during the relationship suggests that she had willingly betrayed her husband and children.

Every breach of promise is not a false promise of marriage and thus every breach of promise will not result in a conviction of rape.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.