Consensual Sex Under False Marriage Is Not Rape: Orissa High Court

The Orissa high court stated that indulging in a sexual relationship with an adult female on the false promise of marriage is not rape. The court further said, if a woman has a sexual relationship on a consensual basis, the criminal law for rape can’t be used against the accused.

As per the bench headed by Justice Sanjeeb Panigrahi, holding that false promise of marriage amounts to rape appears to be erroneous as the ingredients of rape codified under Section 375 of the IPC do not cover it.

The High court released the verdict while hearing a rape case. The court ordered the lower court to give conditional bail to the accused. The court specified the accused, under bail, will cooperate in the investigation process and not threaten the victim.

According to the sources, a youth had a physical relationship with a woman with the false promise of marriage. However, the accused fled away after some days. Following a complaint from the victim at Nimapara police station, the accused was arrested and forwarded to court. Subsequently, the accused moved to High Court when his bail petition was rejected by the lower court.

“Earlier Supreme Court had given a similar verdict by ordering that if a woman has a sexual relationship on a consensual basis, then 376 IPC Act will not be used against the accused. Other criminal Acts could be used against the accused in this case. The High Court has upheld that verdict,” said Debasnana Dash, the advocate of the accused.