Published on:18 July 2023 at 13:30 IST
Court: Supreme Court
Citation: Pramod Suryabhan Pawar v. State of Maharashtra (2019)
Honourable Supreme Court of India has held that the “Consent to Sex” of a woman with respect to Section 375 Indian Penal Code, 1860 must involve an active and reasoned deliberation towards the proposed act. It is held that to establish whether the “consent” was vitiated by a “Misconception of Fact” arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given.
The false promise itself must be of immediate relevance, or bear a direct nexus to the woman’s decision to engage in the sexual act. It is held that mere breach of “Promise To Marry‟ does not constitute an offence of Pape under Sections 376 Indian Penal Code, 1860. It is held that the promise of marriage must have been given in bad faith; and it must have immediate relevance to the decision to engage in the sexual act.
21. The allegations in the FIR do not on their face indicate that the promise by the appellant was false, or that the complainant engaged in sexual relations on the basis of this promise. There is no allegation in the FIR that when the appellant promised to marry the complainant, it was done in bad faith or with the intention to deceive her.
The appellant’s failure in 2016 to fulfil his promise made in 2008 cannot be construed to mean the promise itself was false. The allegations in the FIR indicate that the complainant was aware that there existed obstacles to marrying the appellant since 2008, and that she and the appellant continued to engage in sexual relations long after their getting married had become a disputed matter. Even thereafter, the complainant travelled to visit and reside with the appellant at his postings and allowed him to spend his weekends at her residence. The allegations in the FIR belie the case that she was deceived by the appellant’s promise of marriage. Therefore, even if the facts set out in the complainant’s statements are accepted in totality, no offence under Section 375 IPC has occurred.
Drafted By Abhijit Mishra
