Mahika Singh, Symbiosis Law School, Pune
ABSTRACT
This paper delves into the Shambhu Kharwar vs. State of Uttar Pradesh & Anr (2022) case, which touches on sensitive issues surrounding relationships, trust, and the law’s role in personal promises. At its core, the case is about an accusation of rape based on a broken promise of marriage, a topic that raises challenging questions in today’s world where relationship norms are changing rapidly. The Supreme Court ultimately decided that this was a consensual relationship, highlighting the difficulty in differentiating genuine relationships from those potentially built on deceit. This analysis also examines the impact of new legal provisions, like Section 69 of the Bharatiya Nayaya Sanhita (BNS), designed to address “false promises to marry.” By comparing these legal frameworks, we see both progress and areas for improvement in how the law can better support people navigating complex personal relationships.
Keywords: False promises; Rape allegations; Consent; Moral and Ethical Implications
Comments