SHORT NOTE ON LEGAL OPINION Topic- Orissa High Court Ruling: sex on false promise of marriage is not rape . Background: Orissa High Court in the case of G. Achyut Kumar V. State of Orissa granted bail as per the grounds and opined that sex on false promise of marriage is not rape. As per the section 375 of Indian Penal Code (IPC), 1860 defines rape as “sexual intercourse with a women against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she is intoxicated or duped or is of unsound mental health and in any case if she is under 18 years of age”. As per Orissa High Court “sex on false promise of marriage” is not stated in the section 375 read with section 7 of IPC. The accused will be charged for the offence of “Fraud” but not for “Rape” relying upon the landmark case of Queen V. Clarence (1888) Legal Issue: Whether a rape case can be filed against a man for having sex with a women not disclosing his ma