Make No Promises and Tell Me No Lies: A Critique of Deelip Singh v. State Of Bihar AIR 2005 SC 203
Surya Bala & Rahul Saha
Volume 1 Issue 1 (2008)
The question of whether sexual intercourse, consent to which has been obtained by a false promise of marriage, amounts to rape or not is a question that has come before the Indian judiciary a number of times in recent years. The question has been addressed by the Supreme Court in two recent cases, Uday v. State of Karnataka and Deelip Singh v. State of Bihar. While the former held that the abovementioned situation did not amount to rape, the latter case held to the contrary. This paper carries out an analysis of this question and argues that it is Uday v. State of Karnataka and not Deelip Singh v. State of Bihar which lays down the correct position in law. To prove its hypothesis this paper carries out a review and analysis of all cases that had arisen on the question before Deelip Singh v. State of Bihar. Further, it supports its view by analyzing common law on the matter and goes onto show how the ratio in Deelip Singh v. State of Bihar is based on an incorrect application of the rules of statutory interpretation.