A person accused of rape under the influence of marriage was granted bail by the Orissa High Court.
Consensual sex performed under the pretext of marriage does not constitute rape, according to the ruling of Justice SK Panigrahi’s single-judge bench. The judge’s conclusion that a false promise of marriage constitutes rape is incorrect because it does not meet the requirements for rape as defined by Section 375 of the IPC.
The accused was granted conditional bail by the court, which included instructions to assist with the investigation and refrain from threatening the victim.
What Was The Case?
According to reports, the accused engaged in physical contact with a Nimapada woman under the false pretence of marriage. To Bhubaneshwar he had brought her. However, after a few days, the accused escaped. After the victim lodged a complaint at the police station in Nimapara, the accused was taken into custody and brought before the court. After his bail petition was denied by the lower court, the accused then moved to the High Court.
While delivering the judgment, Justice Panigrahi said that “the intention of the lawmakers is clear on this issue. Rape laws should not be used to regulate intimate relationships, especially in cases where women have agency and are entering a relationship by choice. It is also equally disturbing; many of the complaints come from socially disadvantaged and poor segments of society, rural areas, who are often lured into sex by men on false promises of marriage. The rape law often fails to capture their plight.”