Bail -- Sexual Intercourse on Promise to Marry Where Both Parties Already Married -- No question of promise to marry as marriage could not be solemnised
Bharatiya Nyaya Sanhita, 2023, S.69 -- Bail -- Sexual Intercourse on Promise to Marry Where Both Parties Already Married -- No question of promise to marry as marriage could not be solemnised -- Where both the accused and the prosecutrix are already married to their respective spouses and neither has obtained divorce, no offence of sexual intercourse by false promise to marry is made out, since marriage between them could not legally have been solemnised in any event. A promise conditional upon divorce being first obtained does not establish deceitful inducement.
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