Undue influence under section 375

Undue influence under section 375

Undue influence  is the consent given under the fear or misconception  .

 In india the rules regarding the anti rape law is very strict . where now a days people use as weapon for their benefit too, due to this undue influence  in this law people and the court has to go through a lots cases

And its process and where the court has given a name to this cases as false rape cases . where the accusation has been go through many harassment due to this accusation of rape and a rape case is always has the strict

Rules regarding the rape cases where it is very difficult to get any bail and any relief even the cases proved false .

What is section 375 : section 375 of Indian Penal Code define rape . where the law explain as “ where a man commit rape if he – a)penetrates his penies to any extent , into the vagina ,mouth or anus of a women or makes her to do so with him or any other person or if he insert any body part or object or his mouth or manipulates any body parts f women as to cause penetration in her mouth vagina or mouth to anus .

this section has given importance to the women consent , where if the sexual intercourse happens without the consent of the women or if the consent has been given in the moment of influence or 

in fear will be accept as rape by this section. 

section 375 of IPC mainly gives protection to the women from  rape but it also give them a power to use section375 as a weapon in any other cases .a consent which is taken by influence 

consider as rape , and to get that consent man sometime influence or force with the fear of death and with some promises of marry ect . some time man use this promises as in malafide intention which leads the women 

or makes the women to give consent in the sexual intercourse is consider under section375 . in this rape cases there is very thin line to identify which is fall under this section and which is not .

 In some cases even when the intention of men is not malafide and he had genuine promises but under circumstances he had to breach of that promise in that case also women use rape case against the men . and in this cases there is a thin line difference created by the court for the protection of the men who did not had any malafide intention . in the case of Uday v. State of Karnataka  , the accused expressed love and promised to marry the prosecutrix on a later date. The prosecutor was aware of the cast difference of their ,and the proposal of marriage will be denied by family member .yet knowing all of the circumstances started cohabitation with the accused and become pregnant .in this case the court held that the consent given by the prosecutrix for cohabitation cannot be said to be given under misconception of fact that is a promise of marry but because she desire for it because of their deep love and in that case court said the person to not to liable under this section375.

In the recent case of Naim Ahamad vs state the suprem court held him not guilty under section 375 because the victim person has all her maturity to know the consequences and even after knowing all she continued the relation with  the accused person where court held that it wont fall under section 375 because we cannot think that women as innocent or she has been influenced under section 90 because later after knowing all the facts of the accused she decide to continue the relation .

 This cases has been identify as false rape cases where the women accused the men for rape on the ground of undue influence under section 90 and put their consensual  relation under section 375  where she use her free consent later on  the ground of undue influence.

**Author: Jini das, a Student of B.R.M. government law college