Rape on False Promise of Marriage: The Law and What You Must Do

Why in India is it rape if there is sexual intercourse on the false promise of marriage?
We all know the Nirbhaya Rape Case, the Hyderabad Rape Case, forcible sexual intercourse by strangers using brute force, friends and family using force to commit rape.
Basically any instance where there is no consent, and still sexual intercourse occurs.
However, there is the situation where consensual sexual intercourse is also rape.
Section 375 of the IPC gives the definition of rape, while Section 376 provides that rape is punishable offence with these many years of imprisonment.
One of the ingredients of Section 375 is that if there is sexual intercourse without the consent of the woman, then it is rape.
But it is Section 90 of the IPC, which states that for the purpose of anything mentioned in the IPC, consent is not consent if given under a misconception of fact, and is a consequence of such misconception of fact.
Applying these two principles together, if a man obtains consent, but on the false promise that he will marry the girl, then such consent is no consent, and therefore the having sex without the consent of the girl is rape.
In India, there is a huge social taboo on pre-marital sex, and a lot of women do not want to engage in pre-marital sex.
Since several decades, women in India started going out on dates, or getting into relationships with the intent to get married in the future.
A lot of times, a woman would not want to have sex, but she would have sex only because her boyfriend/fiancé would convince her by saying that they will get married soon enough anyways, upon which she would consent.
It is because of this situation that this unique offence of rape on the false promise of marriage was recognised by Indian Courts.
If subsequently the man would go back on his word, the woman can prosecute him for rape.
If falsely accused under this offence, it is an absolute must for the man accused of this crime to rush to court and seek anticipatory bail.
The accused must cite all the relevant judgments of the Supreme Court and various High Courts, and convince the Court that the sex did not happen as a result of a promise to marry, and happened out of mutual love and attraction, and with consent, and if there was a promise of marriage, it happened after the sexual intercourse took place.
In the alternative, the accused must plead that there was indeed an intention to marry, but there was a subsequent impediment due to which the marriage perhaps could not take place.
For a woman who has suffered this situation, it is imperative that you immediately, as soon as possible, report the matter to the police, without delay. The more the delay, the greater the chances of acquittal.
Also, often the police do not register your FIR, and sometimes even do not give acknowledgment of having received your complaint.
In such situation, you must approach the magistrate who will then direct the police to register the FIR. You must also initiate proceedings under Section 166A of the IPC, under which the police officer can go to jail for 6 months to 2 years for not registering a rape case.
And this is again a very important reason why any person accused of rape must immediately run to seek anticipatory bail under Section 438 of the CrPC, because the police, even if they see a clearly fictitious case, the threat of punishment under Section 166A looming over their head, they always register FIR.
And because the offence is cognizable, the police have the authority to investigate the case without any permission required by the Magistrate, and investigation means arrest in the serious offence of rape.
And because it is a non-bailable offence, it is only the court which will grant bail to the accused person who is arrested.
Practically, courts deny bail to the accused person. And even if you convince the court that you are innocent, from experience I can say that if arrested, the lawyer drafting the application, the judge issuing notice, arguments, the judge deciding the case, in all likelihood, you will have spent at least a month in custody.
Therefore, anticipatory, that is pre-arrest bail is a must.
I am a Delhi based lawyer.
You can send me your stories at [e-mail]
wa.me/+9199581...
I post regularly on:
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7 THINGS MEN SHOULD KNOW BEFORE GETTING MARRIED: STORIES OF FALSE CASES AND LEGAL BATTLES IN INDIA:
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[@metalheadmonster666]

These clueless laws have made it next to impossible for a boy or a man to ever trust a woman in their life in terms of love and relationship, or even friendship.

[@falgunibarman8259]

If gf do such kind of false promises then what will be the law against this?

[@abinashdash7864]

Nothing. Google about a case in Karnataka high court.

[@Nobody-jo5fm]

Exactly!! I have 2 friends, 1 attempted suicide when he was younger for this very reason, the other had a nervous breakdown because of same thing, causing me to keep him at my house on suicide watch for nearly 24 hours. They're both ok now, but they never should have endured such flagrant psychological abuse, both are decent enough, straightforward guys. Common scam: The female already has decided to let her parents choose a husband for her, thus ensuring she gets some gullible ATM who will provide for her and give her comfy life with very less work and effort on her part. She has this all planned out when she decides to scam a guy into thinking she loves him and will share future with him, when in reality she just wants attention, gifts, treats and to get her itch scratched until a suitable castrated simp can be lured into arranged marriage with her.

[@Kranthi233]

Court reply to men: fukc off

[@sampatkalyan3103]

Consent to sex is not consent to fatherhood I hope it makes sense.

[@kirubakumar7999]

Ya it happened for me, what i should do take action against her

[@Nobody-jo5fm]

Many times a man gets scammed by a malignant covert narcissist, causing him to fall in love with a mask/fake persona/Oscar worthy acting performance, so he promises marriage, then when the narc's mask slips off and he realises the female is unfaithful and/or 🦇💩 crazy, and decides to end the toxic relationship for good reasons, he gets slapped with fake rape case.

[@sampatkalyan3103]

Yep and Consent to sex is not consent to fatherhood I hope it makes sense.

[@Shivam-is3jv]

No other country excep India define this consensual relationship as rape.(sex based on false promise to marry). This is a draconian biased law If the law were gender reversed, there will be millions and millions of women who can be charged, who dump their boyfriend, when they get a richer or better person or any other reasons.

[@adsinha2001]

@@sampatkalyan3103 can u explain?

[@AnotherNPC1234]

Seems like everyone knows about NPD except me.

[@ToThoseWhoVanished]

Marriage is never going to happen in such situations, the girl wants to strike back while the boy took advantage of her vulnerability and Indian societal standards. Please provide an international legal view of this. Tq

[@suchetaaswal5467]

If such situations will be that the boy is getting emotional blackmailed from parents that they will die if he will marry his love then? Is this right before law

[@ToThoseWhoVanished]

@@suchetaaswal5467 emotional blackmail is BS

[@Shivam-is3jv]

No other country excep India define this consensual relationship as rape.(sex based on false promise to marry). This is a draconian biased law If the law were gender reversed, there will be millions and millions of women who can be charged, who dump their boyfriend, when they get a richer or better person or any other reasons.

[@subtletravelvideos920]

​@@ToThoseWhoVanishedYou are so deluded. Do you think that does not happen? Them dieing or not is a secondary but do you ignore it can happen. If you are a women god your delusion is unprecedented.

[@raajveerarora9428]

Good content sir .....all ur videos are precious

[@VastKnowledge2023]

What is the proof of promise? Only her word? And what proof should the guy need? Conversations screenshots and audio recordings?

[@AmishLegal]

A lot can come up. For example if the woman states that first time they had sex on promise of marriage was 1 August; the man has whatsapp proof of them discussing their sexual encounter on 20 July. He can use that

[@ananthumangalan8350]

@@AmishLegal sir can we use audio recording or video as proof... A lot of my friends who are advocates uses sound recordings during hook ups + whatsapp chats...some people even uses video recording and if the act was done on Oyo hotels and all they turn on the tv and put news channel so that the exact date and time are recorded.They says if the girl files false complaints this proof is necessary to win the case and they can also file defamation case and case against framing false case on serious crimes which is punishable up to 7 years .....I don't know the legality of this , but anyway these advocates are brilliant

[@basil9019]

@@ananthumangalan8350 you are the man of wisdom

[@amiyarana8733]

​​@@AmishLegal sir, if the police seize mobile and laptop of the accused after arrest, then how can he prove his innocence during court proceedings?

[@bhavyaverma1948]

Thank you sir. You have no idea how much you inspire and motivate me.

[@penguins647]

Now you got a different way to blame a guy false rape case 😑

[@debasishmajumder745]

@@penguins647 the number of incidents where actual rape takes place is much more than the actual false rape cases

[@ninaddongare6514]

@@penguins647 calling a random woman or directing towards women of false rape accusers is as bad as calling a random man rapist

[@ninaddongare6514]

@@debasishmajumder745 even if it's 0.01% false accused cases, such minority shall deserve justice.

[@beentherelovedit9150]

@@penguins647 umm... are you really projecting your anger on a random woman online?

[@crazycavalry1629]

There should be a law that consent for marriage should be signed on paper. Not just spoken words. Because there is no proof for that.

[@amitkumarsharma9792]

Sec.166A is for denying registration of fir only in rape cases or all other offences? Please enlighten me more on this.

[@AmishLegal]

Please Google 166A ipc

[@whitehorsefilms8916]

Men's should make an agreement paper and take a signature of a lady that we are having a sex with your consent, if things fall apart in future then you can't make a case or harrasse a man in any other way...is it possible??

[@Shivam-is3jv]

No other country excep India define this consensual relationship as rape.(sex based on false promise to marry). This is a draconian biased law If the law were gender reversed, there will be millions and millions of women who can be charged, who dump their boyfriend, when they get a richer or better person or any other reasons.

[@sivasankar2784]

Then the vagina will say that it was threatened to sign the document

[@basil9019]

So that means before having sex, make your partner sign the document of consent?..other wise how can one prove consent was given or not🤣🤣🤓

[@apples874]

I'm willing to bet the judge will throw out such a document if brought to court.

[@studyonly9857]

@@apples874 yeah, he'll cite power imbalance probably 😂

[@alisaodincova4753]

That would br still better than raping or coersing into sex

[@lawselawyertak1845]

I love your videos and the way you interact..Plz throw some light on the hathras rape case also.. if law is so strict, why the victim and her family weren't enveloped with safety and justice which our law guarantees of?

[@mayankshukla3912]

Who said they didn't got justice

[@Shivam-is3jv]

No other country excep India define this consensual relationship as rape.(sex based on false promise to marry). This is a draconian biased law If the law were gender reversed, there will be millions and millions of women who can be charged, who dump their boyfriend, when they get a richer or better person or any other reasons.

[@ZeeshanKhan-bo3eo]

Very informative video sir, but I think my gf will not file case against me🤣🤣🤣

[@thecontrarycontrarian4230]

Until it happens. Once it happens you will say 👹😠

[@apples874]

Famous last words.

[@-Prakriti]

Last laugh 🐯

[@-Prakriti]

@Saurabh Rajurkar kuch bhi

[@akashbhadouria6727]

You never know dude. You seem like newbie

[@webstercomputerinstitute7734]

What if women does the same to a men. Does it apply?

[@studyonly9857]

No. The law is a joke.

[@JitubhaiyaPhysics]

Nice bro, keep up the good work.

[@riteshkalshetty]

I've been falsely accused and there was no sexual intercourse as such. I am going through really very difficult time.

[@AnotherNPC1234]

How are things going for you?

[@ashutoshjha6693]

Sir let it be very clear that while doing sex both man and women enjoy same level of so called joy . She too have desire to do sex that's why se do (most of cases) .Then why consensual sex on the ground of fake promise shall amount to rape? She must refuses sex that she don't want to do before marriage. The reality of most of sex is on the ground of materialistic joy . Sir I will be grateful to you if you reply me .

[@juliam1395]

Because as per Indian law and Indian mindset a woman is always victim and man is always a perpetrator. Modern educated smart Indian women are weel aware of it and they misuse the law as per her will.

[@alisaodincova4753]

There is no joy in sex, if she endures it for the man and has no desire for it by herself. It isn’t consentual if it is based on fraud and deception. Same way it’s fraud when you were made to believe that there is world war and you consentually signed over all your money, there still was no war.

[@iam__vengeance886]

Iam a victim 65 day's jailed 😐

[@mayankshukla3912]

What happened now

[@iam__vengeance886]

@@mayankshukla3912 Facing trial proceedings

[@iam__vengeance886]

I am the victim And I deserve justice ✌️

[@mayankshukla3912]

@@iam__vengeance886 kitne saal ki punishment hoti iss case m?? Aur uss ladki ke paas proof tha?

[@juliam1395]

Indian law are completely biased against men. Be strong brother, you will overcome this temporary pain.

[@हिन्दू-स्थान]

Lots of lov to u sir . Best advices

[@joeyross1960]

Thank you for educating youth & India this was need

[@kaushikchowdhury2716]

hat-off sir ,u give justice to sarvjeet singh 🙏🙏🤟❤

[@surajkapse4436]

Sir you have any citation for section 376, 376(2) n , actrocity act section 3(2)(va) false promises to marriage

[@mohitjat7196]

Amish what should i do my gf threatens of suicide if i do breakup i cant do anything what should i do please save me

[@abinashdash7864]

Go to police station and tell them the scenario,there is a law I don't remember which will protect you if she comites suicide.This can be even helpful if your wife threatens you of false cases. Go to Police station with proof of WhatsApp chat, audio recording or video recording.

[@deepikasharma1090]

plz tell me what to do. if a girl herself didnot came for marriage n then threatens the boy family that i will file a rape case against you n false promise of marriage case i mean what if a girl makes false promise of marriage n left with money n jewellery n also didnot came at th marriage venue plz tell

[@CorporateWolf]

Marriage should never be an option for this... Let her file the case... Even if boy lose the case. The issue will be breach of contract only

[@6abhisekbackup9]

You are a Godsend, became a subscriber after you collabed with Kshitij

[@jagzzsparrow]

Sir what if we had a hookup.. If she accuses me of rape on pretext of marriage What happens in some cases?

[@mirzamohiuddinbaig6621]

Thank you so much sir

[@girishsahni]

women who don't seek permission of parents as is in marriage cannot claim to have been cheated.

[@gigachad3861]

Bro what evidence can a man use if he got falsely accused of rape on pretext of marriage ? Like what actual evidence I need to have to prove that I'm innocent ? Because how can I prove something that was said example I never talked about marriage then how can I prove something like this ?

[@AmishLegal]

Electronic evidence is your best bet

[@gigachad3861]

@@AmishLegal what if she deletes the messages as you said that screenshots are useless ? Should I make a video from another mobile recording the messages on my mobile ? What evidence I have to show in court to get acquitted in a case of rape on pretext of marriage ?

[@ananthumangalan8350]

@@gigachad3861 my friend's girlfriend threatened to file this case on him 2 years back. As he is from a poor background and don't know about the laws he doesn't save screen recording or screenshot. But at the time when she cheated him with her other boyfriend i chat with her and recorded and saved those in my drive. As the date is recorded in your drive it is a valid evidence.....

[@-Prakriti]

@@gigachad3861 do everything or get lovkup in jail Im just sick of these useless girls🐯 Spreading hate and doing nonsense Don't they have a father too🐯

[@-Prakriti]

@@ananthumangalan8350 what happened to your friend Is he beaten in jail?

[@abhinavgupta8307]

Mam meree friends ki upar murder case chal raha hai 302 201 34 sara laga aur uski badd bhi 4 days mie unko bail mil gie fir uski 2 months badd rape case aur ab woo jail mie and they are below 18 will they will get punishment PLZZ reply what will happen to them

[@arpomazumder1249]

Problem is that indian laws are very female gender biases as made by British era...that time this law is very much needed as women were actually been fall for that...but now days it is not applicable in Town or urban area....also in dehat or villages as internet is every where.... Solution:- Sounds crazy but:- 1. PreNap agreement if you think friends with benefits relationship. 2. Take consent videos or call recordings of non promises. 3. If you give promises, but post that the you find out the girl is a back stabber and do cheating, can file case against her first for cheating then do break up.

[@vaibhavchhabra800]

If I am in love with my Girlfriend for 3 years , I find out she is a Gold Digger , wicked person . I call off the marriage , she can file a case against me , I still go to jail ? Remedies ?

[@AmishLegal]

She can. You will. Lot of things you can do, but it's on case to case basis

[@mayankshukla3912]

Cheat her and make her break the relation.

[@ninanani4085]

​@@mayankshukla3912 whyto go in for sx before marriage? You should stay away.

[@Harish-ou4dy]

please comment on the newly enacted BNS 69. what are the precautions and what are the remedies men have ?

[@5me6797]

Do acts of intimacy including sm&&&hing, ki&&ing, cuddling (consensual) come under rape with "false promise of marriage" if no int-rcou&se happened??

[@kaverlamanmadharaja4925]

If a girl files a false marriage and sexual intercourse case and 376 then girl want to with draw after registration what is the process in short cut

[@kritimis1646]

Thank you sir for these insights. 😃

[@apples874]

How is this useful to you?

[@-Prakriti]

@@apples874 she now understand how to file false case 🐹

[@ishan5033]

@@-Prakriti Lol

[@sampatkalyan3103]

Consent to sex is not consent to fatherhood I hope it makes sense.

[@dineshmaggoo1856]

You are a fun guy saw you on kshitij's video

[@VastKnowledge2023]

Isn't section 375 a bailable office? Why need an anticipatory bail then?

[@AmishLegal]

Non bailable. And even when you apply for bail it's very difficult to get it. Huge prejudice on accused the moment allegation is made

[@thecontrarycontrarian4230]

Men need to unite and fight against feminism which is playing havoc with the lives of men. Many men have committed suicide due to false allegations. Feminism = legalized blackmail and extortion of men. Feminism is now an industry of extortion.

[@thecontrarycontrarian4230]

@I can get 96% petition alone does not work. We need to organise, form groups, have regular meetings, demonstrations, educate the public about the true intentions if feminists and form powerful vote banks of men.

[@ashutoshrajput7857]

Sir please reply if i have call recordings and chat screenshots there she is saying we had sex without any promise than ?

[@ashutoshrajput7857]

Sir please replyy

[@ashutoshrajput7857]

Sir please reply

[@unpluggedstringscovers]

dear sir, me and my gf had concent sex, after we came into a relationship past 3 years ago. no promises of marriage of such were made, at the initial level for such sexual affair. Later we discussed about marriage. Later she filed a 376 case that on pretex he made sexual relationship. Does my situation amounts to RAPE.. Kindly help

[@PrinceyV-pt1d]

Bhai..karle shadi usse divorce dediyo....kaha phasega kacheri mei

[@FurryFalcon-xt7ee]

What if the girl is highly educated and mentions in FIR that promise to marriage happened on X date and truth is that they are in the same hotel room much before than X Date

[@anmoltyagi722]

Thankyou sir 🌸

[@asipa]

than according to this if a girl promises marriage and based on that promise I spend lot of money on her and than later she refuses...than she should also be punished

[@KitchenKingofficialASMR]

I'm male and if I'm falsely accused for money I will surely dismantle her totally I means bones breaking. Never joining again. Apko jail me dalna hai pls go ahead but wo apahij hi banegi. Thats called FAIR PLAY.

[@alanancy]

Exactly 💯 I would do the same

[@vegito179]

Yep if i have go to jail i would rather find a reason to go

[@jyotimahoto5652]

Sir apse bat ho sakti h pls

[@pranavjyothia.r1359]

what if the man is below 21 years of age

[@balkrishna2353]

Sec.166-A of the IPC. Good video. thanks.

[@Meghnaaad]

She wouldn't be required to show proof of the promise of marriage?

[@deepakk1347]

No 😢

[@Johnthemod222]

Is this the same law in the uk 🇬🇧

[@anushkagupta8377]

Hi dear, we are suffering from a case Where my elder brother’s wife were being into physically relationship with my younger brother. It was started after 3 months of marriage, that time my younger brother was 13-14 years old. Now at present time , we have got to know all this mess 8 months ago. That time we asked her to leave house. But she put up complain that it was rape and my entire family is suffering. We actually have issue with my elder brother as well bcs he is taking advantage of the situation and now asking my parents property to secure his life and he will let his wife come to the home. He puts threats also to put my younger brother in jail minimum 7 years. We are in trouble, we are facing lots of issues. Mentally frustrated My father and mother are 60+ and suffering with health and diseases. Can someone suggest us what to do, we know my younger brother has also done big mistake. However we are suffering as family.

[@mayankshukla3912]

Go to a lawyer , its serious . KZbin advice won't work

[@babubhaiya920]

how can minor go to jail? she will go to jail if she gets physical with an underage person.

[@ananyadas5640]

Hello sir what if someone files a false rape case and immediately sent him to the court and the court says him for 14 days jail what’s the next step to give him bail? If we have all the evidences against the girl then will he get the bail before 14 days

[@vijaynov]

What is the consequence for filing a false case?

[@user-CIRCLE-DETECTIVE-AGENCY]

Does it apply to prostitutes when they are raped ?

[@purnakarmakar6579]

Thank u sir

[@MayankSharma-it7vr]

I'm single forever

[@freelerlife]

Very Nice

[@maheshwaridivyanshi7976]

And when the case is real ...about marriage then amrish sir .......

[@kush.blackbelt]

Please make video on how can have a boyfriend have safe legal sex with girlfriend so that later she cannot claim false rape case

[@SahilSharma-ug7xv]

Video of consent Everytime or audio

[@manthanpatel4705]

Hope Hon'ble #RSPRASAD sees this

[@jk7sony]

Sir is video ko hindi me explain karye plz🙏

[@abhishekpednekar8468]

Nice

[@naveen-bf2xe]

Bbai please hindi me bola kro..jyada English samjh ni aati

[@beentherelovedit9150]

I think part of this problem will be solved if society allows women to have sex outside of marriage. The stigma with sex outside marriage causes many women to feel used when they do have it. If society is educated about this, then this situation will change.

[@sampatkalyan3103]

Nope this problem is solved when there are gender neutral laws.

[@saptarnab8237]

Chal bhag

[@samuraijosh1595]

Sex outside of marriage leads to even more problems

[@samuraijosh1595]

And even women in progressive western countries want marriage badly. I'm not talking about Western women in general. But those women who engage in any sort of monogamous relationship eventually want to get married and wait for the ring. So your point is moot.

[@gdas6396]

Bro thinks he's in us 💀

[@jayat4927]

what is a false rape? i havent kissed her also..not touched her we are in long distance relationship..

[@surajkhandelwal5838]

Worst law

[@tigerzindahai544]

hindi mai bol sale

[@urvashigupta7827]

This man Amish Agarwal was a "pickup artist" himself. This shameless man actually has taken training on how to "pickup" and "fool" girls and trick them into sleeping with him and he has the audacity to put out videos on how to save a guy from false cases? Shameless! Why not put up a video on how to save a girl from men like himself?

[@shivajimaharaj5153]

Girls can file 376 ok so if u have been cheated go file a rape case do u have guts

[@yogitaborekar566]

Absolutely right

[@yagatsingmungur1502]

how about a girl who cheats on her bf who uses him for se isnt it rape then the girl mustt be jailed for 10 years

[@urvashigupta7827]

@@yagatsingmungur1502 ? that made no sense at all

[@mayankshukla3912]

Kyu tujhme dimag nahi h jo someone else tricks you

[@abhinavgupta8307]

Mam meree friends ki upar murder case chal raha hai 302 201 34 sara laga aur uski badd bhi 4 days mie unko bail mil gie fir uski 2 months badd rape case aur ab woo jail mie and they are below 18 will they will get punishment PLZZ reply what will happen to them

[@abhinavgupta8307]

Mam meree friends ki upar murder case chal raha hai 302 201 34 sara laga aur uski badd bhi 4 days mie unko bail mil gie fir uski 2 months badd rape case aur ab woo jail mie and they are below 18 will they will get punishment PLZZ reply what will happen to them

[@abhinavgupta8307]

Mam meree friends ki upar murder case chal raha hai 302 201 34 sara laga aur uski badd bhi 4 days mie unko bail mil gie fir uski 2 months badd rape case aur ab woo jail mie and they are below 18 will they will get punishment PLZZ reply what will happen to them

[@abhinavgupta8307]

Mam meree friends ki upar murder case chal raha hai 302 201 34 sara laga aur uski badd bhi 4 days mie unko bail mil gie fir uski 2 months badd rape case aur ab woo jail mie and they are below 18 will they will get punishment PLZZ reply what will happen to them