Rape Adjudication in India: Findings from ‘False Promise to Marry’ Cases in Delhi and Kerala Trial Courts

This discussion focuses on ‘False Promise to Marry’ cases, prosecuted as ‘rape by deception’ in India. These are those cases in which the rape complainant alleges that she was deceived into consenting to sexual intercourse with the accused based on a false i.e., dishonest, promise of marriage. I will discuss two major findings from 739 ‘False Promise to Marry’ cases. The first major finding is that judges are unclear about what constitutes ‘False Promise to Marry’ cases. The judges carelessly merge the category of ‘non-consensual sex’ and ‘tainted consent due to False Promise to Marry’. Another key finding is that the data analyses from my doctoral study reveal that that the judges pay no attention to complainants turning hostile in the courtroom. Even though most of the complainants turned hostile in the courtroom, some after marrying the accused, there has never been a judicial enquiry into the reasons for the complainant withdrawing support from the prosecution, such as possible coercion.