According to ancient Hindu laws, marriage is a sacred union between two individuals. It does not merely establishes the physical relationship but also establishes the emotional aspect and spiritual bonding between the couples. It is performed to pursue Dharma(Duty), Artha(Possessions) and Kama(Physical Desires). It is in this regard that anything done in this ritual or performed in the institution should be pure and sacred and done with the mutual consent. It should not involve any kind of cheating, scam or deception. Apart from sacredness and wholliness, it is the right of the every individual to decide whether she wants to engage herself in consummation or not. Their consent is very important and it matters a lot.
As it can be seen in many cases, women are deceived under the false promise of marriage with the malafide intention. According to the accused, he is safe because to not charged with the offence of rape, consent should be given and in these cases consent is provided by the victim but where the accused lacks is that the consent was not that of free consent. If a person taking the consent under the pretext of marriage or under the guise of any lie, it violates the principle of free consent because here woman does not know the validity of the words spoken. The consent was given under the ‘misconception of fact’ and if she would have known, she could have avoided that. Thus, the consent does not hold it’s validity in the eyes of law and the person who did misconception will be charged under the Section 375 of IPC,1860 ( sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is below 18 years of age).
But to hold the person guilty under this regard, it is very important that the section 375 of the IPC,1860 be interpreted in a wider sense. Right now, the law does hold the person guilty who had a sexual intercourse under a fake promise of marriage but to come under the ambit of section 375 of IPC, the strict interpretaion of the provisions enshrined is very important in this regard.
Lastly, I want to conclude with the fact that these kind of cases are increasing day by day in the society. Hence it should be taken into account and a proper framework should be established for these kind of offences.The accused should be punished who is out to exploit innocent girls in the society and have sexual intercourse with them under the pretext of false promise of marriage. Thus, the accused should be under the 376 of the IPC because rape have tortorous effects on the woman both physically and mentally. Their mental and emotional well being gets affected a lot. It reduces a woman to an animal as it shakes the very core of her life. Therefore, anyone undermining the reputation and well being of the woman should be punished.