This paper critically examines the judicial approach to cases of rape by deception in India, particularly those involving false promises of marriage. While acknowledging the judiciary’s recognition of the socio-cultural significance of marriage and the complexities inherent in such cases, the paper argues that existing judgments suffer from flawed reasoning and problematic observations. The Supreme Court’s failure to correct these deficiencies has resulted in inconsistent and often unfair High Court decisions. By analyzing the factors courts rely upon in adjudicating such cases, the paper highlights the need for urgent doctrinal refinement in light of evolving social realities. It proposes retaining legitimate judicial concerns while eliminating unsound logic to ensure that the law on sexual consent obtained through deception aligns with principles of justice and fairness.
