Guwahati Police Constable Arrested for Engaging in Sexual Relationship Under False Marriage Promise

If a man promises to marry a woman but never intends to, and still has ‘consensual’ sex with her, it will amount to a criminal offence under Section 69 of the proposed Bharatiya Nyaya Sanhita (BNS), 2023. The Bill, which seeks to replace the Indian Penal Code, 1860, identifies ‘sexual intercourse on false promise of marriage’ as an offence.

A constable in an incident of false marriage is arrested by Panbazr women police. the constable name is Ziabur Rahman of the traffic branch at dispur police station. Rahman is accused of physical relationship with a young girl under the pretext of false marriage. The girl has filed a a report under the case number 39/2024 at Panbazar women's police station.

The city police is currently investigating the case further.

Summary of sexual relationship on false promise of marriage

To prove the case under Section 415/417 of IPC, the prosecution has to prove that at the relevant time of incident or at the initial stage, the accused had the intention to deceive the victim and only to have sexual relationship with her he made the false promise of marriage

Section 69 under the new bill is its explanation that defines "deceitful means" as including false promises of employment or promotion, inducement, or marrying after concealing one's true identity

If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence of rape will be made out

Dishonesty is unfortunately a sad fact of life in human relationships. When a woman is duped by a man into having sex by lies and deception, what should the response of the criminal law be? Is it rape or just a game of seduction or something in between? the question remains

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