⚖️ FALSE PROMISE OF MARRIAGE & CONSENT UNDER LAW ⚖️
Kapil Som v. State of U.P., (Allahabad)
When can an accused be held guilty for inducing a woman into a sexual relationship on the false promise of marriage?
The law is clear 👇
✅ Mere failure to marry is NOT automatically rape.
To attract criminal liability under Section 376 IPC, prosecution must prove that:
🔹 From the very beginning, the accused NEVER intended to marry the woman.
🔹 The promise of marriage was FALSE from inception.
🔹 The promise was made only to deceive the woman and obtain consent for physical relations.
🔹 The woman consented solely because of that promise.
🔹 There must be adequate evidence showing dishonest intention existed at the initial stage itself.
⚠️ Important Legal Principle:
A later dispute, family objection, breakup, or failure of relationship does NOT by itself amount to rape.
The distinction is between:
❌ Breach of Promise (Civil Wrong)
AND
❌ False Promise with Deception from Beginning (Criminal Offence)
📌 Essential Ingredients:
✔ Promise to marry
✔ Promise was false
✔ Intention to deceive
✔ Dishonest intention from inception
✔ Consent obtained because of false promise
✔ Adequate evidence proving fraudulent intent
⚖️ Courts repeatedly hold:
“Consent obtained through deception is not valid consent.”
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