Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
Distinction between false promise of marriage made dishonestly at inception (vitiating consent under Section 90 IPC) and bona fide breach of promise to marry. | Consent principles and false promise vs breach of promise applied to Section 63 BNS.
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
Distinction between false promise of marriage made dishonestly at inception (vitiating consent under Section 90 IPC) and bona fide breach of promise to marry. | Consent principles and false promise vs breach of promise applied to Section 63 BNS.
Decriminalized consensual adult same-sex relations; constitutional morality prevails over popular morality; individual autonomy and sexual orientation protected under Article 21.
Exception 2 to Section 375 read down; sexual intercourse with a minor wife between 15 and 18 years of age is rape, affirming the bodily autonomy of minor girls.
Submission due to fear, coercion, or intimidation does not constitute consent; consent under Section 375 must be free, voluntary, and positive agreement to sexual act. | Vitiation of consent by coercion or fear applied to Section 64 BNS.
Decriminalized consensual adult same-sex relations; constitutional morality prevails over popular morality; individual autonomy and sexual orientation protected under Article 21.
Exception 2 to Section 375 read down; sexual intercourse with a minor wife between 15 and 18 years of age is rape, affirming the bodily autonomy of minor girls.
Submission due to fear, coercion, or intimidation does not constitute consent; consent under Section 375 must be free, voluntary, and positive agreement to sexual act. | Vitiation of consent by coercion or fear applied to Section 64 BNS.