#ConsentVsCoercion

[seemabhatnagar]

"False Promise of Marriage: Delhi High Court Upholds Charges Against Accused"

➡️The prosecutrix, divorced from Karan in June 2024 due to physical harassment, met Himanshu Singla online in February 2024. Singla allegedly established physical relations with her under the false pretense of marriage. Upon discovering he was already married, Singla promised a divorce, leading to further physical relations despite a prior discontinuation of contact. Following threats from Singla's wife, the prosecutrix filed an FIR, resulting in Singla's arrest on September 7, 2024, and subsequent charges under Section 64(2)(m) of the Bharatiya Nyaya Sanhita (BNS), 2023.

#FalsePromiseOfMarriage #SexualConsent

👉The legal issues before the Court were threefold.

◆ Whether the petitioner’s actions amounted to rape under Section 64(2)(m) of BNS (engaging in sexual intercourse on a false promise of marriage).

◆ Whether the prosecutrix, being already married, could claim deception regarding marriage.

◆ Whether the petitioner’s plea of alibi and claims of consensual relationship could be considered at this stage.

#FalsePromiseOfMarriage

➡️The petitioner accused contended that

→ The prosecutrix was aware of his marital status and falsely implicated him to extort money.

→ He was not in Delhi on 28.05.2024, as evidenced by Fastag toll receipts and mobile location records.

→ The prosecutrix voluntarily engaged in the relationship and continued physical relations even after knowing his marital status.

→ A distinction exists between breach of promise and a false promise with mala fide intent, and no case of rape is made out.

➡️The State strongly rebutted the argument of the Petitioner-alleged accused.

→ The petitioner repeatedly assured the prosecutrix of marriage despite being married.

→ The prosecutrix was unaware of his marital status initially.

→ The allegations, medical records, and statements under Section 183 BNSS establish a prima facie case.

→ The plea of alibi and defenses raised by the accused should be considered during trial, not at the stage of framing charges.

#SexualConsent

👉 The Delhi High Court noted that

→ Both parties were in legally subsisting marriages at the time of their relationship. Later divorce was obtained by the prosecutrix.

→ The prosecutrix alleged that she obtained a divorce based on the accused’s assurance of marriage.

→ The accused’s assurance of marriage despite being already married could constitute a false promise.

→ The Court considered at the stage of framing charges, a prima facie case is established based on FIR, medical records, and statements.

→ Hence, the plea of alibi and the accused’s defense require a full trial to determine credibility.

#ConsentVsCoercion

➡️The petition to set aside the order on the charge was dismissed, and the Court upheld the framing of charges under Section 64(2)(m) of BNS against the petitioner.

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