One-fourth of the total rape cases registered in the national Capital this year belong to sex under "false promise of marriage", Delhi Police data reveal. The annual figures also show a marginal dip, 1.93 per cent, in the total rape cases reported. In 2015, Delhi recorded 2,069 rape cases, the highest in previous 15 years.

Legal experts say certain grey areas in Section 375 of Indian Penal Code, 1860, allow a complainant to take advantage of the situation when a relationship turns sour. A few recent observations of higher courts across the country in this regard substantiate this belief.

"Having sex before marriage cannot be forced upon a girl. That is why in many cases, various courts have expressed concern over the rise in false rape cases," said Amit Khemka, a Delhi High Court lawyer.

The loophole which Khemka pointed out is an eventuality in section 375 where the victim's "consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married".

"So far as the rape on pretext of marriage is concerned, no blame can be put on the male alone in those cases, where the girl is a major because no one can force sex on the pretext of marriage," Khemka said. He also pointed out the dismal rate of conviction in rape cases - less than 25%. "Rape accused are acquitted in court in the absence of proper investigation or evidence," he said.

In March this year, Justice Mridula Bhatkar of Bombay High Court, granting bail to a rape accused on marriage pretext, observed: "An educated woman is mature enough to understand the consequences of having physical relations with her partner and such cases will not fall under the ambit of rape."

However, social activists contest such generalisation in a city where one rape is reported every four hours. "It is important to understand the fraudulent. If one is living with a woman and promised to marry her, he should honour his commitment," woman rights activist Ranjana Kumari told Mail Today.

Kumari feels there should be dialogue in home where girls are vulnerable and despite being exploitation, they complain only after rape takes place by someone known to her. Police data also shows that 96.26 per cent of cases in 2016 the accused were known to the victim.

"Except for 74 cases reported till November 30 in 2016, the accused were known to the victims in all other cases. This makes prevention of such crimes comparatively more difficult as these were committed in private spaces," said a police officer. Police also claimed 85.95 per cent of rape cases reported in 2016 have already been solved, 57.74 per cent of them within one week of registration, and 1,974 persons were arrested.

ape cases were reported under Aman Vihar police station (60), followed by Mehrauli (48), Shahbad Dairy (41), Khajoori Khas (39), Shakarpur (36), Begumpur (35), New Ashok Nagar (34), Mangolpuri (33), Nihal Vihar (33), and Govindpuri (30).

Cases of molestation came down from 5,328 to 4,005 - a drop of 24.83 per cent. In 2016, Delhi Police registered 881 cases against insulting to the modesty of women (Sec 509). Of these, police claimed to have solved 66.89 per cent cases.