Source: Supreme Court

Why in News?

A division bench of Justices Abhay S Oka and Pankaj Mithal heard a case involving the offence rape because of false promise to marry under Indian Penal Code, 1860 (IPC).

• The Supreme Court quashed the complaint in the case of Sheikh Arif v. The State of Maharashtra & Anr.

What is the Background of Sheikh Arif v. The State of Maharashtra & Anr. Case?

• The First Information Report (FIR) stemmed from the second respondent's complaint filed on 23^rd February 2018, at Sadar Police Station, Nagpur.
• The complaint outlined their acquaintance since 2011, when the second respondent worked at a beauty parlour where the appellant took a hair-cutting course.
• Allegedly, the appellant proposed in June 2011, leading to subsequent meetings.
• The second respondent claimed the appellant attempted physical intimacy in 2011 and engaged in sexual intercourse in 2012 under false marriage promises.
• After discovering her pregnancy in February 2013, the appellant arranged an abortion, yet their relationship persisted.
• Despite their engagement in July 2017, the appellant purportedly continued the affair.
• In December 2017, when the second respondent became pregnant again, the appellant promised marriage, causing her to forgo an abortion.
• However, she discovered the appellant's engagement to another woman in January 2018, and later learned of his marriage in February 2018.
• The appellant insisted they had a Nikah ceremony on 20^th January 2017, supported by a seized copy of the Nikahnama and his passport listing the second respondent as his wife since 17^th August 2017.

What were the Court’s Observations?

• The court observed that “If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence of rape will be made out”.
• The appellant offered Rs. 10 lakhs during the case's pendency but settlement attempts failed.
• Evaluating the case, the court referenced IPC Section 375, highlighting non-consensual consent due to false promises.
• The second respondent, over 18 at the relationship's start, engaged with the appellant since 2011, with physical relations from 2012-2017.
• Although pregnancies occurred, she filed a complaint in 2018 post-marriage revelation.
• Despite the missing original Nikahnama, its existence was affirmed, and the second respondent acknowledged the engagement.
  • The court deemed continued prosecution an abuse of process.
• The appellant was directed to pay Rs. 5 lakhs, affirming marital status, with further monetary arrangements for the child.
• The appeal was upheld, and proceedings quashed, pending compliance and future rights preservation.

What is the Offence of Rape?

• About:
  • Rape, as defined under the IPC is one of the most heinous crimes against women, with far-reaching physical, emotional, and psychological consequences.
  • Under the IPC, rape is addressed comprehensively, with provisions detailing the elements of the offence, penalties for offenders, and procedural requirements for justice to be served.
  • Section 63 of Bhartiya Nyaya Sanhita, 2023 (BNS) defines the offence of Rape.
• Understanding the Definition of Rape:
  • Section 375 of the IPC delineates the definition of rape and outlines the circumstances under which sexual intercourse or sexual acts are deemed non-consensual and therefore, criminal.
  • According to the statute, rape occurs when there is sexual intercourse with a woman against her will, without her consent, under certain specified conditions.
  • These conditions include instances where consent is obtained through coercion, deception, or when the woman is unable to give consent due to intoxication, unsoundness of mind, or being under the age of consent.
• Elements of the Offence:
  • To establish the offence of rape under the IPC, certain key elements must be proven beyond a reasonable doubt.
  • These elements typically include the absence of consent, the presence of force, coercion, or deception, and the sexual penetration of the victim.
  • Furthermore, the law recognizes that consent must be given voluntarily and with full understanding of the nature of the act, without any fear or duress.
• Legal Penalties and Punishments:
  • The IPC prescribes stringent penalties for individuals convicted of rape, recognizing the gravity of the offense and its impact on the victim.
  • The severity of the punishment varies depending on the circumstances of the case, including the age of the victim, the use of force or violence, and the presence of aggravating factors such as gang rape or repeat offenses.
• Amendments:
  • In 2013, significant amendments were made to the IPC regarding rape laws through the Criminal Law (Amendment) Act, 2013, following the Mukesh & Anr v. State for NCT of Delhi & Ors (2017).
  • These amendments introduced more stringent penalties, including the death penalty in cases of rape resulting in the victim's death or leaving her in a persistent vegetative state.