INVC NEWS
Puri, Odisha : The Orissa High Court recently made an important comment regarding consensual relationships based on the promise of marriage, stating that they cannot be considered as rape. The court quashed a rape charge against a man from Bhubaneswar, who was accused by a woman with whom he had a consensual relationship. The woman, who was a friend of the petitioner, had been involved in a matrimonial dispute with her husband for five years.
Justice RK Patnaik, in the court order, mentioned that while other allegations like cheating against the petitioner would remain open for investigation, consensual physical relationships based on a promise to marry, which could not be fulfilled for any reason, do not amount to rape. The court drew a distinction between a breach of promise and a false promise to marry, emphasizing that promises are made in good faith. In cases of a breach of promise, the intimacy does not constitute an offense under Section 376 of the Indian Penal Code (IPC). However, if the promise of marriage was false from the beginning, it can be considered as rape.
The High Court referred to a previous order by the Supreme Court, which stated that if a person engages in a physical relationship with a girl based on the assurance of marriage, and the promise is not fulfilled later due to some reason, it cannot be considered as rape solely because the promise was broken. The court emphasized that a strained relationship should not always be viewed as a result of mistrust, and male partners should not be automatically accused of misconduct.
In a separate matter, the Odisha government has taken action against nine officials in corruption cases. Three officers were dismissed from service, and the pensions of six others were permanently withheld. Since 2019, the state government has taken action against a total of 197 officials for corruption.
