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False Promise of Marriage: Criminal Offence

The Bhartiya Nyaya Sanhita (BNS) was introduced on August 11, 2023, and received presidential assent on December 25, 2023, effectively replacing the Indian Penal Code (IPC) from July 1, 2024.

One of the significant additions to BNS is Section 69, which specifically addresses the OFFENSE OF FALSE PROMISE OF MARRIAGE — a critical issue that had remained ambiguously defined under the IPC. The growing number of cases where women have been deceived into sexual relationships under fraudulent promises of marriage highlighted the urgent need for legal clarity.

Understanding False Promise of Marriage as a Criminal Offense

The concept of false promise of marriage refers to situations where a man induces a woman into sexual intercourse by deceitfully promising to marry her, despite having no genuine intention to do so. Unlike rape, where consent is absent, in cases of false promise, consent is obtained through fraudulent means. Before BNS, false promise of marriage was prosecuted under Section 375 (rape) and Section 90 (consent obtained by fraud) of IPC. Courts interpreted deceptively obtained consent as non-consensual, thereby punishing such acts under rape laws.

Key Elements of False Promise of Marriage Under Section 69 of BNS
As per Section 69 of BNS, the offense is defined as:

  • “Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.”

Additionally, the explanation to Section 69 clarifies that “deceitful means” includes false promises of employment, promotions, or marriage while suppressing one’s identity, following are the four key elements:

  1. A promise to marry – The accused must have explicitly assured the victim of marriage.
  2. No real intention to marry – The promise must have been fraudulent from the outset.
  3. Sexual intercourse based on the promise – The victim’s consent must have been obtained solely due to the false promise.
  4. Does not amount to rape – If sexual intercourse occurs without consent, it falls under rape rather than false promise of marriage.

Distinguishing False Promise of Marriage from Breach of Promise

A critical distinction must be made between false promise of marriage and breach of promise:

  • False Promise of Marriage – The accused never intended to marry and used deception to obtain consent.
  • Breach of Promise of Marriage – The accused initially intended to marry but later failed due to external factors, such as family opposition.

Two Key Challenges faced by Men accused of “false promise of marriage”:

  • Potential misuse of the law – False allegations could be weaponized against men as a tool for revenge or coercion, leading to wrongful convictions.
  • Difficulty in proving intent – Establishing that the accused had no intention to marry from the beginning is complex and requires strong evidence.

Conclusion

The introduction of Section 69 of BNS is a landmark step in India’s criminal justice system, addressing a long-standing legal ambiguity. However, while it serves as a deterrent against sexual exploitation, it also necessitates prudence to avoid wrongful prosecutions.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients