Open Access Research Article
"CONSENT UNDER MISCONCEPTION: REVISITING THE 'FALSE PROMISE TO MARRY' DOCTRINE IN INDIAN RAPE LAW"
Abstract
ABSTRACT
False
promise to marry (FPM) is a peculiar offense under Indian criminal
jurisprudence ever since the old regime of IPC. Anchored with the principles of
consent, misconception and rape, this has undergone a series of development in
both the pre- colonial and the post- colonial times. This paper is an attempt
to understand the provision and the way in which the same has been dealt in
with two separate provisions under the IPC to that of Section 69 of BNS. It
engages with the two-pronged “intent-from-inception” as held in Pramod
Suryabhan Pawar v. State of Maharashtra, and towards judicial pronouncements in
the contemporary era from that of Naim Ahmed to that of Makwana, to argue that
even if law moves towards sexual autonomy and bodily autonomy of individuals,
these decisions in hand convey a different answer. With the advent of rising
number of live in relationships, call for a more gender- neutral laws and the
practical realm in dealing with these cases are also analyzed in this paper. In
toto, this paper is an attempt to analyze the trajectory of FPM from IPC to BNS
amidst the ideas of sexual autonomy, privacy and the effectiveness of law in
dealing with it alongside few suggestions.
Published Paper
Author Details
Authors: KRISHNA VENI. D
Registration ID: 1013084 | Published Paper ID: IJLRA13084
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 2006-2021
Article Information
"CONSENT UNDER MISCONCEPTION: REVISITING THE 'FALSE PROMISE TO MARRY' DOCTRINE IN INDIAN RAPE LAW"
Authors: KRISHNA VENI. D
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 5
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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