No Rape If Marriage Promise Fails After Consensual Relationship, Says Uttarakhand High Court
In a significant judgment, the Uttarakhand High Court has ruled that a failed promise of marriage following a long term consensual relationship between two adults cannot automatically be treated as rape under Section 376 of the IPC unless it is shown that the promise was false from the very beginning.
Ramnagar, February 15: In a significant judgment, the Uttarakhand High Court has ruled that a failed promise of marriage following a long term consensual relationship between two adults cannot automatically be treated as rape under Section 376 of the IPC unless it is shown that the promise was false from the very beginning.
The case concerned Suraj Bora, who was accused by a woman from Mussoorie of establishing physical relations on the assurance of marriage within 45 days and later refusing to marry her. After police filed a chargesheet dated 22 July 2023, Bora moved the High Court seeking to quash the proceedings. S*x Between the Husband and Wife Must Be Consensual, Says Gujarat High Court; Denies Bail to Man Accused of Subjecting Wife to Unnatural S*x and Physical Cruelty.
The defence argued, “There is no concrete evidence in the FIR that shows the intention of the accused was fraudulent at the beginning of the relationship. It was merely a ‘failed relationship’ and initiating criminal proceedings would constitute misuse of legal process.”
Opposing the plea, lawyers for the state and the complainant submitted, “The victim’s consent was solely based on the assurance of marriage, which the accused later failed to fulfil.” They further argued, “Whether the promise was false from the start can only be determined during trial based on evidence; therefore, proceedings should not be quashed.” ‘Difficult to Believe Married Woman Was Induced Into S*x With False Marriage Promise’: Supreme Court Quashes Rape Case Against Advocate.
Justice Ashish Naithani observed during the hearing, “The consent given by an adult woman does not become tainted merely because the relationship did not culminate in marriage. To consider it an offence under Section 376, it must be shown that the promise of marriage was only a means to obtain consent and the accused never intended to marry.”
The High Court subsequently quashed the criminal case pending before the Chief Judicial Magistrate, Dehradun.
(The above story first appeared on LatestLY on Feb 15, 2026 12:30 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).