misconception of fact Archives

Supreme Court grants anticipatory bail to man accused of rape after 10 years of courtship; sets aside Rajasthan High Court’s order

The Supreme Court, while allowing the special leave petition filed by the petitioner, set aside the order passed by the Rajasthan High Court which had dismissed the anticipatory bail application without considering the facts and circumstances of the case.

Case Briefs District Court

No straitjacket formula for determining whether the consent was given under a misconception of fact or not; Tis Hazari Court grants anticipatory bail

Tis Hazari Court, Delhi: While deciding a bail application, Kamini Lau, J. granted anticipatory in a case where the complainant-girl was a

Case Briefs High Courts

Physical relations on Promise to Marry| Long term relationship with intent of marriage ended on hostile terms, would it be covered under S. 376(2)(n) IPC? Del HC explains

Delhi High Court: Noting that the Trial Court failed to perform its duty and rendered a mechanical order, Subramonium Prasad, J., set

Op Eds OP. ED.

Rape or No Rape —That is the Question: An Analysis of Consent on the Basis of a Promise to Marry

by Sudhanshu Chaudhari* and Amit Pai**

Case Briefs High Courts

Del HC | Can continuing with an intimate relationship involving sexual activity over a significant period of time, be construed as involuntary? Court answers

Delhi High Court: Vibhu Bakhru, J., observed that it is difficult to accept that continuing with an intimate relationship, which also involves engaging