The issue of rape under false pretext of marriage demands a balanced approach, where genuine victims can be protected while preventing misuse of laws. Effective implementation of perjury laws and nuanced understanding of Indian jurisprudence are crucial in delivering justice.
Authors
Vaibhav Chadha, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Shreya Saxena, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Manya Pundhir, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
This article critically analyses the offence of rape through the lens of deception under the ambit of false pretext of marriage by relying upon the Indian jurisprudence surrounding the same. The article will attempt to examine the central concern caused by the registration of false First Information Report (FIR) over the struggles of actual cases by projecting a balanced outlook while demarcating between rape and consensual intercourse through the backing of judicial interpretations.
It will also discuss the positioning and effectiveness of perjury laws in India. Further, it will try to examine whether the consent of the prosecutrix in particular cases was obtained—based on a false pretext of marriage or a misconception of fact. It will also consider the medical factors that were relied upon by the Judges while distinguishing between the act of rape and consensual intercourse, and how does the delayed reporting of the crime by the victim results in misguiding of facts, and its impact.
Published in: Statute Law Review
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