False Promise of Marriage: Addressing the Troubling Link to Sexual Assault and Its Impact on Victims

TITLE – False Promise of Marriage: Addressing the Troubling Link to Sexual Assault and Its Impact on Victims

**Author:- Yukti goel, a Student of Department of law , Kurukshetra university

WHAT IS RAPE?

Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case, if she is under 18 years of age."

In many societies, the problem of fictitious marriage vows leading to rape raises severe concerns. It concerns situations when one party, typically a man, deceives another party, frequently a woman, by promising to marry them in order to have a sexual connection. The promise is violated once a sexual relationship starts, and the victim may experience physical, emotional, and psychological suffering.

Given that assent obtained by deceit is not regarded as genuine consent, this kind of deception constitutes sexual assault. For the victims, it may result in distress, mistrust, and long-term effects.

To deal with these situations, different nations have distinct legal systems. Although there are different laws regarding rape, sexual assault, and consent, many jurisdictions value

 When one party, frequently a man, purposefully deceives another, usually a woman, by making false promises of marriage, this is known as the false promise of marriage. This trick is used to start a romantic or sexual relationship while seeming to be a relationship based on love, trust, and commitment. After engaging in sexual activity, the offender admits that the marriage pledge was a lie, leaving the victim feeling vulnerable and deceived.

STATE OF U.P VS NAUSHAD ON 19 NOVEMBER 2013 

In this instance, Naushad, the accused, and Shabana's father, the informant, are related through their paternal uncle, the prosecutrix. The informant alleged that Naushad routinely went to his house and enticed her daughter to have sex with him by making her a marriage proposal. The informant found out about Shabana's pregnancy when she told her mother that Naushad had cheated on her. In this instance, the issue that arose was whether or not Naushad could be found accountable for the crime of rape. "The court found Naushad guilty of the crime of rape and sentenced him to life in prison and a fine of 10,000 in accordance with Sections 375 and 376 of the Indian Penal Code."

Understanding the Legal Framework:

In many jurisdictions, engaging in sexual intercourse with someone under false pretenses of marriage can be considered a form of rape or sexual assault. The key elements to be established in such cases often include:

1. Consent: Consent must be freely given, informed, and enthusiastic. When a person consents to sexual activity based on the belief that it will lead to a lawful marriage, and this belief is manipulated or deceived, the consent may be invalid.

2. False Promise: The accused must have knowingly made a false promise of marriage to induce sexual activity.

3. Awareness: The victim should not have been aware of the deceit at the time of the sexual encounter.

State of Madhya Pradesh v. Rakesh and Another (2011)

In this landmark case, the Indian Supreme Court held that engaging in sexual activity with a woman on the false promise of marriage amounts to rape. The court emphasized the importance of establishing a direct nexus between the false promise and the sexual act.

Effect on the Victims

Falling for a false promise of marriage can have far-reaching and devastating effects. Sexual assault victims may suffer from serious mental distress, loss of self-esteem, and feelings of betrayal and shame in addition to the immediate physical pain. The betrayal of trust may have long-lasting impacts on people's capacity to build solid relationships, creating a vicious cycle of instability and emotional misery. Some victims may experience social shame and exclusion as a result of cultural norms that attribute responsibility for the crime to the survivor rather than the perpetrator.

The Supreme Court ruled in Deelip Singh v. State of Bihar In 2004 that consent gained from the prosecutrix would be void if it was obtained under the guise of a fraudulent promise of marriage by the accused. In a recent ruling, the Supreme Court of India upheld the law and held that a woman's consent is invalidated by a misconception of the facts within the meaning of Section 90 when the promise to marry is false and the accused's intention when making the promise was to deceive the victim rather than keep it.

Laws and Penalties:

The penalties for rape on the pretext of a false promise of marriage vary from one jurisdiction to another. In many places, it is treated as a severe offense, with potential consequences including imprisonment, fines, and registration as a sex offender. The severity of punishment often depends on factors like the age of the victim, the use of force or coercion, and the specific legal framework in place.

Conclusion:

Cases of rape on the promise of false marriage are complex, with legal implications that vary by jurisdiction. While laws and court decisions have evolved to address these cases more effectively, there is still much work to be done to ensure justice for victims and accountability for perpetrators. Public awareness, education, and support systems play a crucial role in preventing and addressing such cases while protecting the rights and well-being of individuals involved.