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  • Disha Shivnani

THE NEXT HYPER STONE IN LAW, IS FAKE PROMISE OF MARRIAGE

INTRODUCTION

We all know that youth constitute the majority in India, and we live in the twenty-first century. As young people, we do not believe in old beliefs, and we feel that our parents and society should develop as well. With the passage of time, we have begun to accept everything that is beneficial to society, but there are some things that are detrimental to society, and we become perplexed. We keep saying that it is the twenty-first century, and we should be open-minded and socially accepting live-in relationships, love marriages, and same – sex marriage but some people are taking advantage of the same. The issue here is

that rape cases are on the upswing, and women are sobbing over phoney or fraudulent promises which their beloved partner made to them wither to take advantage ofa . Is it true that today's age has lost the actual meaning of promise if a girl falls in love and her boyfriend promises to marry her?


WHAT IS PROMISE OF MARRIAGE?

A promise of marriage must take legal account of it. The one person's promise is generally sufficient for the other party's pledge. A commitment to marriage should not be founded on unlawful or immoral considerations alone, such as interpersonal sexual interactions. A promise based on legal consideration, However, will not just be vitiated as illicit sex between parties had placed same–sex of before or after the commitment.


LAW REGARDING FALSE PROMISES OF MARRIAGE

Section 90 of the Indian penal code states that Consent is known to be given under fear or misconception — Consent does not constitute consent as it was intended under any section of this Code where the consent is granted by a person who was afraid of injuries, is in error, is knowing, or has cause to believe, that such consent has been given as a result of such fear or misconception and consent of a fool. If the person acting knows or has reason to believe that the Consent is given as a result of such fear and misunderstanding.


Section 375 of the Indian penal code defines rape as sexual intercourse without

consent. Contrary to her. Without her approval. With your agreement to acquire

your permission by placing you or anybody you are interested in, in fear of

death or harm. With her approval, when the guy knows he isn't her spouse and

her permission is granted because she thinks he is another guy she is legally

married to or believes herself.



DOES SEX ON THE BASIS OF MARRIAGE PROMISES CONSTITUTE TO RAPE?

When a couple are in live-in relationship and both of them are in love and the boy promise the girl to marry her and in return, he demands some sexual favours and if the boy don’t fulfil that promise does that count as rape? I certainly believe that agreeing to living in a relationship is less legal than marriage. Women have to face rape, sexual assault, due to unsuccessful relations. It is clear that substantial evidence must be presented to demonstrate that, at the relevant moment, i.e., at the beginning stage, the accused had no

intention of maintaining his vow to marry the victim. Facts are not obvious that a superior solution needs to speak to you. A voice clip or video clip or call record that he acknowledged he would want to marry you to a text that is also applicable to SMS or chat. You need proof of his marriage as marriage photographs and marriage videos etc. You need proof. Photo of your marriage, films, marriage card, etc. must be filed you will be able to show your own case on stage because of the weight of proof if you have enough documents to show his guilt. All of this is a subject of proof at the level of the proof.



INDIAN CASES

PRADEEP KUMAR V. BIHAR STATE (2007).

The Supreme Court found the phrase 'misconception of fact' as specified under

Section 90 of the IPC to be wide enough to contain all kinds of misrepresentation of facts, deception, fraud and so on, with references to which permission is granted, in the case of Pradeep Kumar v. Bihar State (2007). The intention to be considered as an incident is likewise provided for under Section 3 of the Indian Evidence Act 1872. Thus, if the victim's permission is obtained by a misrepresentation of facts or deception, then it is considered against her will. The consent of a person by deception and deceit is an offence under criminal law. If the accused had sex with the therefore in accordance with section375 of the IPC, the victim would become a victim of a fraudulent the promise of marriage.


SONU @ SUBHASH KUMAR VS STATE OF U.P. AND ANOTHER ON 26 SEPTEMBER, 2019

The defendant promised the victim to marry her and, on this pretence, acquired her agreement for a physical relationship in the present case of Sonu@ Subhash Kumar vs. state of Uttar Pradesh 5 for one and a half years the pair have been in a love relationship. Sonu was said to have phoned the prosecutor and requested her to visit Jhansi to conduct a judicial wedding. In this regard, the intimate proceeded to Jhansi, where Sonu was unwilling to marry the father of the applicant instructed him to make a few moneys and go away His mother and sister also attacked her. For one and a half years, he physically mistreated and manipulated her, making her hate her spouse in the future. The problem we

must deal with in this case is whether sex by promising the lady falsely that she would be married is violating. This principle of law has been ruled by the courts in dispute. The Supreme Court distinguished between a 'foolish vow' and a 'failure to promise' and stated that not everyone that has failed to marry is a matter of rape. It should take account of the purpose of the person making that pledge.


The validity of consensual sexual relations on a promise to marry is called viol in the Indian criminal justice system is in disagreement. It is also stated that this

is a criminal offence made by judges as there is no provision in the penal law

concerning this. It is a criminal offence.

CONCLUSIONS

Rape is seen as the greatest physical and moral crime in culture and affects the mentality of victims for a lengthy period of time. It is also emphasised that this atrocious crime in society suffers from the victim's relatives. A vast range of emotions and physical anguish has to be experienced. In a situation in which the accused had intercourse between himself and the prosecutor on the basis of the false promise of marriage, the criminal offence is an infraction. It can be shown on a number of occasions, that the defendants have made a mistaken pledge of marriage with fidelity to mislead the victim, who has generated abhorrent conditions for the ladies of society. The accused thinks the law is on his side and may easily escape their crime, as there are no particular provisions incorporated in the Indian Penal Code of 1860. these cases grow every day. Therefore, the law must provide for the event when the person acquired permission for sex to the false promise of marriage. a special legal structure.

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