False Promise to Marry as Rape: A Need to Rethink the Foundational Precepts

This article proposes the idea of rape by deception, calling for the creation of a fresh statutory rape defence. It makes the case that those who impersonate an adult should not be held legally responsible for statutory rape since this defence protects adult victims from criminal accountability when a minor deceives them. By addressing the subject of phoney marriage pledges, the essay highlights the need of shielding rape victims and their families from the psychological, social, and physical repercussions of the crime. It makes an argument for the punishment of those who engage in sexual behaviour under the false pretence of marriage by analysing pertinent portions of the Indian Penal Code and court rulings. The research emphasises the relevance of permission gained via deception and draws attention to the expanding range of rape accusations. It also analyses the Allahabad High Court's position on whether sexual activity occurring during a marriage qualifies as rape and calls for the creation of a new statutory rape defence to appropriately handle these situations.