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The new definition of rape
The crimes against women and the social ostracism that they face will no longer go unnoticed as the Delhi Court passed a path-breaking verdict in a case that is set to change the very definition of rape in our country.
 
Mon, Jan 14, 2008 15:10:19 IST
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RAPE, IN India, is defined as intentional and unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are ‘sexual intercourse with a woman’ and the absence of consent. The Section 375 made it clear that intercourse would account to rape only during the absence of the woman’s consent. But a Delhi court verdict, which came in yesterday seems to modify the definition. This will come as a sigh of relief to the women across the country.

Having a sexual relationship with a woman with a false promise of marriage can also be termed as rape. The case was being heard in a Delhi Court and it involved a man having sexual intercourse with his neighbour. The man was found guilty of rape and sentenced to seven years of rigorous imprisonment.

In the present case, Chhotey Lal, the convict and father of six children, had eloped with his neighbour in New Delhi in September 2004, and took her to far away places like Jaipur and Chandigarh. According to the girl, the duo established sexual relations after Lal assured her that he would marry her ‘very soon’. Meanwhile, the girl’s father lodged a ‘missing’ report with the police. The police detained Lal and the girl in March 2005 at Sarai Kale Khan Bus Terminal when they were returning to Delhi. Chhotey Lal was prosecuted for abducting the girl and having sexual relationships with her on false pretext.

“The so-called consent under a false promise to marriage is no consent,” additional sessions judge Mahavir Singhal said.

Highlighting the difference between ‘will’ and ‘consent’, the court said that a nod for sexual relations obtained by a man on the false pretext would not amount to a ‘legal or valid’ consent to save him from punishment for rape.

The Court observed that, even if the woman is assumed to be a willing partner in having a physical relationship, that the accused had no intention to marry her would make it a case where consent was given under misconception of facts, nullifying the efficacy of the nod.

The above hearing of the Court would open the doors for thousands of women across the length and breadth of the country to come ahead and lodge their complaints. There are many women who are misused or misguided by their lovers, who under the pretext of marrying them just maintain a sexual relationship with them. Thus, this verdict would revolutionalise the way in which rape was seen. Even if there were mutual consent, if the consent is based on a false pretext made by the man then the consent would stand as null and void and the intercourse be termed as rape.
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Posted comments (10)
 
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Very iaptromnt message A sure way to avoid any confusion between two people and creating a respectful and healthy approach from the word go Great advice for guys how to be a good lover
 
 
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Since they had consensual sex, but it happened only after the boy gave him assurance that he would marry her. Otherwise no girl is so stupid that she will have consensual sexual intercourse with such a man whom she doesnt believes at all and become pregnant and spoil her image and prestige in the socitey. She only consented to it only when the boy gave her assurance of marriage not before. Since we all are living in the modern world where sex before marriage is very common between men and woman, but there should be some law for protecting the rights of the woman if she becomes pregnant. And months have passed and she cant go for the abortion also. In such a case there must be law for protecting her rights and dignity. I do agree its the fault of a girl that she is having such relationship before marriage but if she becomes pregnant and the boy continues to assure her that he would marry her and she dosnt opt for the abortion, in such a case she must be protected somewhere. Atleast there should be law for the punishment for such a man who cheated her, also there is breach of trust on his part, also who did fraud to fulfill his physical needs and desires and spoiled the girls life totally and living freely as if he had done nothing and for the girl that she had commited a very henious, cruel crime. And finding difficult to live or survive in a society where no one will marry her.
 
 
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