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Internship 1

Arpan Chakraborty provides a legal opinion regarding a case involving a false promise of marriage and its implications under Section 375 of the IPC. He references a landmark judgement from the Orissa High Court stating that such cases do not constitute rape if the promise was not false from the beginning. In the client's situation, he concludes that the individual can file a case under Section 376 of the IPC due to the refusal to disclose marital status and lack of a marriage promise.

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9 views1 page

Internship 1

Arpan Chakraborty provides a legal opinion regarding a case involving a false promise of marriage and its implications under Section 375 of the IPC. He references a landmark judgement from the Orissa High Court stating that such cases do not constitute rape if the promise was not false from the beginning. In the client's situation, he concludes that the individual can file a case under Section 376 of the IPC due to the refusal to disclose marital status and lack of a marriage promise.

Uploaded by

official.arpan12345
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Name:- Arpan Chakraborty.

Intern at ubAdvocate.

Email:- arpan.chakraborty292003@gmail.com
contact No.:- 9831156213.

Date:- 21-01-2022

Dear, Mr. Jeevan Prakash.

Thank you very much for contracting me for seeking legal opinion regarding your
case. I have read the facts of your case. Accordingly, Section 375 of IPC defines "Rape" means type of
sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out
against a person without that person's consent.

But in Orissa High Court orders, sex on false promise of marriage is not rape under landmark
judgement "Achyut Kumar V. State of Odisha.

The fact of this case is, "The rape laws should not be used to regulate intimate relationship,
especially in case where women have agency and are entering a relationship by choice", said justice
SK Panigrahi while granting bail to one G Achyut Kumar, who was earlier arrested on the charges of
raping a 19 year-old girl in Karuput in 2019.

In his Judgement, where the Supreme Court attempted to make a distinction between a promise
which is unfulfilled and a promise which is false from the very beginning. The natural corollary that
flows from it is that if a man prove that he intended to marry the women but changed his mind later,
then its not rape. Its only dubious intension from the beginning of the relationship", he said.

According in my opinion, Orissa High Court says sex on false promise of marriage is not rape by the
condition of above guidelines. But in your case facts, Neeraj is refused to marry and afterwards he
disclose his marital status. So, he committed illegal activities with bad intention to refuse his marital
status. By the same time he had not promised to marry you so, the case of "Kumar V. state of
Odisha" case against guidelines is not applicable to you. You can free to file a case against neeraj
under section 376 of Indian penal Code.

Further, my opinion is based on the Youtube video link of Jeevan Prakash, AOR, Supreme Court and I
believe that this is the correct opinion, upon which you can act safely.

Arpan Chakraborty.

Intern at uvAdvocate.

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