Difference between breach of promise and false promise( promise) 

Bhubaneswar. The Orissa High Court has made a big comment in a rape case. The High Court has said that if the consensual physical relationship is based on the promise ( promise)  of marriage, which could not be fulfilled due to some reason, then it cannot be considered as rape. With this remark, the court quashed the rape charge against a person from Bhubaneswar. The allegations against him were leveled by a woman, who is in a matrimonial dispute with her husband for five years.

The bench said that the Supreme Court had in an order said that if a person makes a physical relationship with a girl by promising marriage, which does not happen later due to some reasons, it cannot be said to be rape with the claim that the promise has been broken. The court said, a sour relationship should not always be branded as a product of mistrust and the male partner should never be accused of misdemeanor.

Justice RK Patnaik said in the order that other allegations like cheating against the petitioner are kept open for investigation. Promises are made in good faith. There is a fine line between a breach of promise and a false promise to marry.

Why was Article 376 not considered a crime?
In the former case, any such intimacy does not make out an offense under Section 376 of the IPC, while the latter is on the ground that the promise of marriage was false ab initio, said the July 3 order of the high court.