While hearing a rape case on Thursday, December 17, the Delhi High Court said that sex on the pretext of marriage does not constitute rape if the woman continues to have intimacy over a long period of time. Court made observations while acquitting man of rape charges.

The Delhi HC observed, ‘A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time.’

‘In some of the cases, people agree to have sex after the promise of marriage is made. However, the same does not apply to cases with long-term intimacy,’ Justice Vibhu Bakhru said.

The court said, ‘In certain cases, a promise of marriage may induce a party to agree to establish sexual relations, even though the party does not desire to consent to the same. Such inducements in a given moment may elicit consent, even though the concerned party may want to say no.’

The court said that in cases of false promise to marry, the other party may ‘vitiate consent and, thus, constitute an offence of rape under Indian Penal Code section 375’.

The observations were made while acquitting a man of raping a woman.

The woman told the court that she shared a physical relationship with a man in 2008 and after three-four months, the man promised to marry her and she ran away with him.

Later, the woman alleged that she was raped by the accused, however, the court acquitted the man of all charges.

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