Clear and specific legal framework needed for cases involving 'sex on false promise of marriage': Allahabad High Court

Credits: Hindustan Times

By - Sameeksha Negi*

The Allahabad High court has recently rendered a major verdict in rape case. The court held that having sexual relationship with another person by falsely promising marriage will be considered as an offence of rape under the Indian Penal Code.

A single judge bench of Justice Pradeep Kumar Srivastva observed that the mindset of males that women are nothing but an object for sex is required to be addressed rigorously and strictly so that a safe environment can be created for women in which they feel sense of security.

It was also observed that making false promise of marriage with the mala fide intention in order to deceive the victim was becoming a phenomenon and it is believed by the accused that they will escape from the criminal liability. Marriage is a big and important relationship among the majority of the female population in the nation and women often easily fall prey to these conditions, which result in their sexual harassment.

Also Read - CBSE will direct all institutions to announce the scores granted by the results committee; No refund of exam fee.

In this case, the victim, who is a police constable was called by the accused in a hotel to finalize their marriage and prepare documents for the same, however he raped her in the room. The same day she lodged an FIR, currently the accused is in jail and has filed a criminal appeal against the rejection of his bail application by the lower court.

The court has expressed concern over the increasing number of sexual harassment cases among women and have also given direction to the legislature to create a special legal framework to deal with such cases.

CLICK HERE TO READ ORDER.

*Sameeksha Negi has completed LL.M. from IMS Unison University, Dehradun this year.

Comments

Patna High Court Declares Bihar’s Reservation Amendments Ultra Vires

In a landmark decision, the Patna High Court has invalidated the Bihar government's legislative attempt to increase reservations for backward classes. The court's ruling focused on procedural flaws and the absence of a robust empirical basis for the hike, sparking a debate on judicial intervention in affirmative action policies. Background and Rationale Behind Setting Aside Bihar Reservation Increase Law The Bihar government had proposed an increase in reservations to address socio-economic disparities faced by backward classes. However, the court found that the state failed to follow due process, which includes conducting a thorough empirical study to justify the policy change. This procedural oversight led to the court's decision to strike down the increase. The High Court emphasized the necessity of a data-driven approach for policy changes related to reservations. The ruling underscored that without solid empirical evidence, such policies could not be justified within...

Pune Porsche Crash: Father of Minor Granted Bail

Image Credit: tv9marathi A Pune court has granted bail to the minor’s father, Vishal Agarwal, who faced charges under the Juvenile Justice Act for neglect and endangering the child by allowing him to drive without a license and consume alcohol. Additionally, bar owners and managers were arrested for serving alcohol to minors. The father, already in custody for other related charges, was implicated in the alleged manipulation of his son’s blood samples and in a separate case of kidnapping his driver. Advocate Prashant Patil argued that Vishal Agarwal's arrest was unlawful, contending that the charges were non-cognizable offenses and required a notice under the Criminal Procedure Code. Mr. Patil also highlighted contradictions in police reports, where the minor was listed as the accused in one FIR and as a victim in another. Also Read: Delhi High Court Stays Delhi Chief Minister Arvind Kejriwal's Bail in Excise Policy Case Earlier Proceedings in the Pune Porsche Crash Inc...

Counsel's failure to argue written submissions is not a ground of review: Bombay High Court

By - Sameeksha Negi* The Bombay High Court has observed that “If Counsel has not urged a point, the fact that there were written submissions is immaterial if those written submissions were never in fact argued.” The Bench also added that “Counsel’s failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court.” The bench was hearing a review petition filed for seeking reinstatement of original arbitration petition on grounds some of which were never argued and others never pleaded and the said petition was filed after the original arbitration petition was fully argued, and then decided by pronouncement in open court. Also Read - The Pension Scheme for freedom fighters cannot be construed in a manner that the requirements prescribed are rendered a dead letter: Bombay HC According to Justice GS Patel allowing parties to take grounds in review pleas or in appeals that were not argued initi...

Lawgic Simplified

Search This Blog