Jayanti Rani Panda v. State of West Bengal [1984] Notes | Study Current Affairs & General Knowledge - CLAT

Failure to keep a promise at a future uncertain date due to reasons not very clear on the evidence  does not always amount to a misconception of fact at the inception of the act itself

Here the fact alleged is a promise to marry we do not know when.

If a full grown girl consents to the act of sexual intercourse on a promise of marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part and not an act induced by misconception of fact

90 IPC cannot be called in aid in such a case to pardon the act of the girl and fasten criminal liability on the other, unless the Court can be assured that from the very inception the accused never really intended to marry her.