Law defining sex on a false promise to marry as rape seems incorrect and needs to be reviewed: High Court of Orissa 

The Orissa High Court has stated [Santosh Kumar Nayak v. State] that the legislation holding that having sex on a false promise of marriage constitutes rape appears to be incorrect and that the case merits a serious reexamination.

In order to determine the legality of consent for sex given on the pretext of marriage, Justice SK Panigrahi expressed doubts about the wisdom of extending Section 90 of the Indian Penal Code (IPC), which deals with consent obtained through fear or misconception, to Section 375, IPC, which deals with rape.

The Court made the remark after noting that there is a difference between marriage vows that are fraudulent from the start and situations in which such promises may be genuine at first but later broken.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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