What if rape case is file after love marriage?

As per Indian law, there are many provisions in different acts, the term rape is legally defined under section 375 (1) of the Indian penal code 1860, the definition and punishment both are embedded in this particular section.

The section says when any person penetrates his private parts or any such object or have sexual intercourse with a woman without her consent, such act amount to rape

The rape has also been classified in certain categories such as:

1. section 376 (2) custodial rape,
2. section 376(A) marital rape, section,
3. section 376 (B to D) sexual intercourse which don’t amount to rape.

The provision under section 228(a) of the Indian Penal Code, 1860 says the name of the rape victim cannot be disclosed by any person, the person who disclosed the name shall be punished with two years  imprisonment and shall also be liable for fine.

Medical examination of rape victims is given under the section 164(5) of the Code of Criminal Procedure.

Misuse of such laws 

There are many such circumstances when these certain laws are misused by the girl to just ruin the life of the male, often the parents of the girl pressurise the girl to file such complaint against the boy, this law gives sympathy to the girl, the boy who is accused left with nothing if such complaint made against any boy his life gets vanished if alleged under such law by the girl, these allegation if made falsely the person on whom such complaints are lodged get defamed and they have face many issues in living peacefully in the society even if he is not guilty of such offence

A man is said to have committed the offence of rape when,

He had done sexual intercourse with a woman under their circumstances 

The sexual intercourse done against the will or the woman, without the consent of the woman,when consent is obtained by putting her in fear of death or fear of death to any person in whom she have the interest, if consent given by woman is of unsound mind, intoxicated or when that particular women is not able to understand the nature of the act, if consent given by the girl is under sixteen years of age.

Whenever the offence of rape is committed except of subsection 2 of section 376 IPC shall be punished with the imprisonment of 7 years but which may extend to 10 years and also liable to fine.

What To Do If Rape Case File After Love Marriage

The couples here in India due to family pressure marry to the  one another, but further in some cases the wife files false rape case against the husband  under the family pressure or any other family member, due to which the husband had to face many consequences.

There the Honourable High Court of Chhattisgarh gave a landmark judgement to curb the situation of such misuse.

The boy and girl married to each other and after a few days under the pressure of a family member or by her consent the girl file the case against the boy for the offence of rape, the boy then appealed to Chattisgarh High court, to quash the FIR U/S 482 of the Code of Criminal Procedure, thus the court pronounced the judgment in the favor of boys: the court said that if the two adults stays together for a long time and the sexual or physical relation is maintained by them then in this circumstance, it  does not amount to rape, thus the FIR was quashed by the Honourable High Court.

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