It was consensual sex with no promise of marriage
2). In case any FIR is filed your friend should apply for and obtain anticipatory bail from sessions court
On section 493 ipc(is ohabitation a rape)
A friend of mine was in relationship with a divorcee(in maintenance).whenever he was drunked he used to b in physical relationship with her but after sometime they departed in mutual understanding and paid 14000 rs in cash but after some days she again took 80000 rs in cash with a agreement in the police station. But now the police are trying to arrest my friend for the case which he has already paid and police are pretainding that they have no idea about the agreement. Can police arrest my friend in section 493(cohabitation) and rape?
Asked 4 years ago in Family Law
Religion: Other
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
Yes, on the charge of rape he can be arrested. Ask him to deal with her in future by paying in cheque or through online transaction. Keep messages which indicates her ill intention.
How can this be a rape case neither sec 493 attracts. Tell him to apply for anticipatory bail to avoide arrest.
This is sort of blackmail, he should also file FIR.
Yes if the lady lodge a report of rape as there is no proof with your friend so try to get the matter settle in writing by any way otherwise it will be very trouble some.
- As per Section 493 of Indian penal code, Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
- Further , this offence is non cognizable and non bailable , hence your friend should take anticipatory bail from the session court, so that police cannot arrest him.
- Further , there cannot be an agreement with her , if FIR under this section has already lodged against your friend.
- However, Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Further , as per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults.
- Hence, if the police is threatening then your friend should take anticipatory bail , and there is chances that there is no FIR against your friends , and the said woman is trying to blackmailing your friend in the garb of relationship.
Section 493 IPC
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.—Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
If you have the copy of the agreement already signed by her before police, you may secure it as your documentary evidence and defend yourself in the trial proceedings accordingly instead of convincing the police people who will not understand can be ignored and face the trial.
You may go for Anticipatory bail based on the facts mentioned above in the post.
Offence is serious and issues are complicated however move ABA before District and Sessions Court for ad-interim order and final order after the report filed by the Police.
1. Sex on false promise of marriage is considered to be rape and hence many women of lower morale misuse thus provision for the purpose of blackmailing.
2. Therefore your friend is in risk of getting arrested. Hence ask him to move away from his present place of residence.
3. If FIRCis registered he can avoid arrest and apply for anticipatory bail immediately.
Get in touch with an advocate.
She was just blackmailing. No case is made out. She may file false case. If filed take anticipatory bail
Yes police can arrest for rape
Ask him to present the agreement to the police
1. Police may arrest and file charge sheet in court, ONLY "IF" the female has lodged an FIR for rape against the person.
2. IF FIR is not duly registered, THEN Police CANNOT make any arrest or medical examination or file charge sheet.
3. Check this using the services of a local Criminal Lawyer.
If that female has made complaint under 493 then they can arrest otherwise not. kindly check the female is present in the police station. ask her to be present as well.
Rape and co habitation charges can be filed if she is that devious. He shouldn't give in to the blackmailing but if she lodges a fir file a petition for quashing the fir.
1. Section 493 criminalises the act of bigamy, not rape.
2. The girl must have lodged a FIR against your friend for rape and bigamy. She must have stated that he had intercourse with her without her free consent.
3. Let your friend immediately file petition for anticipatory bail.
Supreme Court stated that consensual sexual acts between adults cannot be a crime.
Apply and obtain Anticipatory bail contact local criminal lawyer.
