Delhi HC: Having Sex on the False Promise of Marriage Is Rape


Myself . 

By T.V. Antony Raj


Following a complaint lodged by a widow, the Police arrested Firoz Ahmed under IPC sections 376 (rape) and 506 (criminal intimidation). Firoz had consensual sex with the woman after promising her that he would marry her.

Earlier, the trial judge had dismissed Ahmed’s bail application, citing Firoz had obtained the woman’s consent under the pretext of marriage though he never intended to  marrying her.

Justice Kailash Gambhir of the Delhi High Court agreed with the view of the trial judge. He dismissed the anticipatory bail application of Firoz Ahmed since the offence fell under IPC section 375(4), which states that consent for sex obtained under a false pretext also amounts to a rape he upheld the prosecution’s argument that Firoz Ahmed did not deserve a bail.