latif khan
Asked August 29, 2016

Boy lied about identity in a relationship

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If boy is of age of 20 and girl is of age 17 and boy played with her feeling like he kissed her lied to her about his real identity and than girl came to know that he cheated her what what section will be put by girl on boy?

Answer 1

1. Kidnapping, in cases of eloping[1]. However, the Supreme Court has made a distinction between ‘taking away’ and ‘allowing a minor to accompany’,[2] to address such issues where the accused party is not at fault. In that case, the Court held that if a person is mature enough and capable of knowing what he/she is doing and gives voluntary consent, then the accused party cannot be held at fault. The intentions of the parties also needs to be given due consideration. The Delhi High Court in a judgment[3] held that, “If a girl of around 17 years runs away from her parents’ house to save herself from their onslaught and joins her lover or runs away with him, it is no offence either on the part of the girl or on the part of the boy.”[4]

 

2. She can file a case under section 415 of the Indian Penal Code, for "cheating", on the grounds she was cheated while having a relationship with him. An explanation of the section are as follows:

415. Cheating.— When a person, fraudulently or dishonestly induces another person to do something which he would not do otherwise, and such an act causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

She will have to prove that what she did based on his actions, caused damage to her body, mind, reputation or property. This is not an easy task, since it needs to be backed by evidence, and reliable witnesses. Proving an intangible thing such as harm to mind and reputation is challenging.

If the boy is found guilty of Cheating, then the court will only be able to order with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

3. If she is aiming at approaching the court with allegations of rape[5], sexual harassment[6] or sexual assault[7], or “act intended to insult the modesty of a woman[8]”, PLEASE NOTE that if, during said acts of alleged assault or rape, the girl knew what she was doing and its consequences, and had consented to it, then her allegation will not stand. She must ONLY approach the police/court under these provisions if there truly HAS been an assault/act on her WITHOUT her consent. Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act.[9]

 

Hope this helps. Please feel free to leave a comment to this answer in case you need more doubts cleared.

 

[1] Section 361 and 363, Indian Penal Code (IPC)

[2] S. Varadarajan v. State of Madras, 1965 SCR(1) 243

[3] Sunil Kumar v. State of NCT Delhi, I (2007) DMC 786

[4] You can read Arnab Ray’s answer to a question on a similar issue at http://www.lawfarm.in/question/minor-girl-eloping-with-boy

[5] Section 375 and 376, IPC

[6] Section 354A

[7] Section 376A, IPC

[8] Section 509, IPC

[9] Explanation to Section 375.

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