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False Promise of Marriage

Understanding False Promise of Marriage & Legal Provisions 

• Background

Marriage is considered a sacred and lifelong bond in many societies, built on trust, commitment, and mutual respect. However, this very sanctity is often manipulated and exploited when false promises of marriage are used as a tool to deceive and emotionally trap individuals, particularly women. Many women enter into relationships with unwavering faith in their partner’s commitment, believing in a future that is never meant to materialize. The deception inflicted upon them is not just a betrayal of trust but a brutal assault on their dignity, emotions, and self-worth. They invest their love, time, and often financial resources into a relationship, only to be discarded when their presence is no longer convenient. The emotional and psychological trauma of such deceit leaves deep scars, eroding their confidence and sense of security. Beyond the personal suffering, they also face severe social stigma, judgment, and, in many cases, legal battles that further victimize them instead of delivering justice.

This betrayal is not merely a personal tragedy; it is a calculated exploitation of emotions, a crime that preys on the hopes and dreams of women who trusted blindly. It raises pressing legal and ethical questions— what legal safeguards exist to protect women from such deception? Is it merely a personal misfortune, or does the law recognize it as a punishable offense? Indian law, while rooted in principles of justice and fairness, has provisions to address such situations. Courts have, in several cases, recognized that falsely promising marriage to gain sexual or financial advantage amounts to cheating, fraud, and even rape in certain circumstances. Yet, many women are unaware of their rights or fear social backlash if they seek legal recourse.

This article aims to shed light on the legal framework surrounding false promises of marriage, exploring the remedies available to women who have been deceived. It seeks to provide clarity on the rights of victims, the legal consequences for perpetrators, and the steps a woman can take if she finds herself abandoned after being led on with false commitments. In a society that often fails to protect its women from such injustices, awareness and legal empowerment become the strongest weapons against betrayal.

• What Constitutes a False Promise of Marriage?

A false promise of marriage occurs when one partner, typically a man, deliberately deceives the other, often a woman, by falsely assuring marriage to gain physical, financial, or emotional advantages. Such deception often involves engaging in sexual relations, financial transactions, or long-term cohabitation, leading the victim to believe that marriage is imminent. However, when the time comes, the perpetrator refuses to fulfill the promise, leaving the victim emotionally devastated, financially burdened, and socially vulnerable. This deception can take multiple forms and often results in severe emotional trauma, social stigma, and even legal repercussions for the victim.

To determine whether a false promise of marriage amounts to fraud, cheating, or an offense under criminal law, courts consider the intent, circumstances, and consequences of the promise. Legally, a mere promise to marry does not amount to an offense. However, when such a promise is made fraudulently, with no real intention of marriage, and is used to exploit someone, it can amount to criminal offenses under following acts:-

•  Legal Aspects and Protections Under  Law

1.  Sexual Intercourse Obtained Through Deceit or False Promises:- (Under Section 69 of Bhartiya Nyaya Sanhita (BNS), 2023)

Section 69 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) addresses the issue of making false promises of marriage to induce someone into sexual intercourse. It states-“Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence 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.”

Prima facie appearing benign, this provision poses a significant threat by reinforcing patriarchal norms, undermining women's autonomy, restricting inter-caste and inter-religious live-in relationships, and introducing ambiguity in the law that necessitates progressive judicial interpretation. The prerequisites mentioned in Section 69 are firstly, there should be a promise to marry, secondly, that promise must be without intention of fulfilling the same, thirdly, there must be a sexual intercourse on the pretext of that promise and finally, such sexual intercourse must not be amounting to rape.

What does the section say?

i. The section applies when someone has sexual intercourse with a woman by making a false promise of marriage without any intention of fulfilling it.

ii. The section also applies when someone has sexual intercourse with a woman by using other deceitful means, such as false promises of employment or promotion.

iii. The section applies even if the sexual intercourse does not amount to rape.

Why is this section important?

i. The section addresses gaps in the previous law that allowed sexual intercourse to be obtained through false pretenses.

ii. The section acknowledges that coercion can be psychological or emotional, not just physical.

iii. The section protects women from false promises of marriage and employment.

Context of BNS:

The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC), and Section 69 is a key provision within the new legal framework. 

2. Cheating:-  (Under Section 318 of Bhartiya Nyaya Sanhita (BNS), 2023)

What does Section 318 BNS replace?

Section 415 and 417 of the Indian Penal Code (IPC)

  Section - 318 of BNS, 2023:-

(1) A person is considered to have cheated if they have deceived someone, induced them to give something to someone else or consented to them keeping something, or if they have purposefully persuaded someone to do something or refrain from doing something that they would not have done if they had not been duped, and that action or omission has caused or is likely to cause, harm to that person’s body, mind, reputation, or property. Justification In the context of this section, lying is defined as dishonestly withholding information.

(2) Cheaters must be penalised by a fine, imprisonment of any kind for a maximum of three years, or both.

What does Section 318 BNS cover? 

i. Fraudulent inducement

ii. False promises

iii. Hiding important facts

iv. Altering, destroying, or misusing valuable securities

v. Causing harm to the victim's property, reputation, or mental well-being.

What is the punishment under Section 318 BNS?

i. Depending on the severity of the crime, the punishment can range from imprisonment to fines.

ii. Some cases are bailable, while others are non-bailable.

• What is Consent? 

For understanding the Section 69 better, the foremost thing which is required to be considered is what is Consent? The ‘Consent’ of a woman is directly correlated to her involvement in the sexual act. In Stroud’s Judicial Dictionary  the term Consent is defined as ‘[c]onsent is an act of reason, accompanied with deliberation, the mind weighing, as in a balance, the good and evil on each side’.

Bharatiya Nyaya Sanhita, 2023 does not define the term consent but merely provides what doesn’t amount to consent. The act provides for a negatively worded definition, where a consent given by a person doesn’t amount to consent.

Section 28 of the BNS defines ‘[c]onsent known to be given under fear or misconception’. According to BNS, “A consent is not such a consent as is intended by any section of this Sanhita, — if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; According to this section for a consent to not be valid under this section, two elements are required to be proved . In Kaini Rajan v. State of Kerala (2013) (9) SCC 113, the Supreme Court of India, defined Consent as an act of reason coupled with deliberation. The Court stated, consent is an act of active will of the person who gives the consent. Consent is an expression of desire after knowing the significance of act and its consequences having the choice to choose between ascent and resistance.

In the context of a false promise of marriage, such deceit undermines the woman's capacity to give genuine consent, aligning it with the broader definitions provided in Section 63 BNS. The paramount question which is now needed to be considered what constitutes Rape under BNS. Section 63 of BNS (Section 375 of IPC) defines rape and includes circumstances under which sexual intercourse would be considered as Rape. It states-

“63. A man is said to commit “rape” if he—

a. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

b. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

c. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

d. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person.

ii without her consent.

For instance, if a person makes false promise to marry and the consequent sexual intercourse amounts to rape then the accused will be liable for rape under Section 63 of BNS but if such false promise or consequent sexual intercourse does not amount to rape then the accused can still be made liable under Section 69 of BNS. The difference between the wording of Section 63 & 69 will give pose challenges, having far-reaching effects on not only on the already overburdened Courts but also on the society at large. 

• Challenges : Broadly worded

Section 69 BNS is a double edged sword where the intention of both the Accused as well as the Complainant would be difficult to prove. The foremost challenge during the implementation of the act would be to prove the Accused’s intent to marry. ‘Intention to marry’ is broadly defined term which could potentially be used to settle personal scores or in cases of consensual relationships gone sour. In the country where the conviction rate of the cases involving consensual relationship is less than 30% would give rise to even more litigation to already overburdened courts.

For instance, in XXX v State of MP (2024) SCC OnLine SC 241, the Supreme Court quashed an FIR against the accused, where the complainant herself being married, indulged into sexual intercourse and claimed her consent was obtained under misconception that the accused would marry her. The Court observed that the complainant was a grown up lady and matured enough to understand the consequences of the acts for which she consented during the subsistence of her earlier marriage. Similarly, in S. Rajadurai v. State (NCT of Delhi) (2023) SCC OnLine Del 5919, the High Court of Delhi held that a case of rape on false pretext of marriage cannot be made out when the complainant, being aware that the accused is married, knowingly signed a document stating that she entered into a live-in relationship without being influenced in any manner whatsoever. 

•  Case Laws on False Promise of Marriage: 

1.   Uday v/s the State of Karnataka AIR 2003 Supreme Court 1639, (2003) 2 SCR 231 (SC)

It was noted by Supreme Court in Uday v the State of Karnataka that such cases require a subjective analysis to do complete justice which would lay bare germane facts like the communication between the parties, the number and frequency of sexual encounters, a historical analysis of their relationship and more. Evidently, the section violates peoples’ right to privacy under Article 21, an inevitable repercussion of adjudging matters of sexual offences, but the said violation is more threatening considering the taboo live-in relationships and pre-marital relations are, owing to which, the parties may face the threat of persecution, eviction, dismissal from jobs and in adverse cases, the threat of violence. Thus, the section violates and undermines peoples’ fundamental rights under Articles 14, 19 and 21.

2.  Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra (2019) 18 SCC 191     

The Supreme Court constricted such an interpretation but still made it rape if he made a false promise of marriage and the sex happened on account of that promise. For instance, in Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra (2019) 18 SCC 191, the Supreme Court, interpreting the Section 90 and Section 375 of IPC, Court observed: There is also a distinction between mere breach of a promise and not fulfilling a false promise. If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. There may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which he could not have foreseen or which were beyond his control, was unable to marry her despite having every intention to do. Such cases must be treated differently. If the complainant had any mala fide intention and if he had clandestine motives, it is a clear case of rape. The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 IPC.“

3.   State of UP v. Naushad (2013) 16 SCC 651  

In State of UP v. Naushad (2013) 16 SCC 651, while dealing with issue of sexual intercourse under false pretext of marriage, the Supreme Court clearly held that obtaining consent for sexual intercourse under the false promise of marriage or deception of a fact cannot be treated as consent and it amounts to rape.

4.  Deelip Singh v State of Bihar AIR (2005) SC 203    

In Deelip Singh v State of Bihar AIR (2005) SC 203, in this case, the accused and the victim were neighbours, and one day the accused forcefully raped her. Later on, the accused consoled her by promising her to marry and they continued having sexual intercourse. She revealed her pregnancy to the accused but he paid no heed to it. In the end, the victim filed a complaint against the accused long after she was raped.

Upon the given circumstances, the Supreme Court put forwards that the accused should also be well informed and should have the knowledge or reasons under which the consent was given by the victim. In other words, courts have to observe if the consent was given under misconception and at the same time should be satisfied that the offender was conscious of the facts and have reason to think that but for fear of misconception, the consent would not have been given. Hence the test laid down in Uday v State of Karnataka was implemented in Deelip Singh v State of Bihar.

5.  Yedla Srinivasa Rao v State of A.P. (2006) 11 SCC 615

In Yedla Srinivasa Rao v State of A.P. (2006) 11 SCC 615, in this case unlike Uday v State of Karnataka and Deelip Singh v state of Bihar, the victim was forced to have sexual intercourse with the accused. He promised to marry the victim after knowing about the victim’s pregnancy to allay her. In this case, the conviction was being held valid as the first condition of the test which is to ensure the consent of the victim, which is not present in this case. As it was established that the victim was forced to have sexual intercourse, the court ought not to enquire into the existence of any promise or assurance to marry. It is “Non Sequitur”. the Supreme Court ruled that the level of voluntary consent depends on the specifics of each case, including the boy's and girl's social status, age, education, and other circumstances. It is risky to depend on the uncorroborated story of the rape victim if there are circumstances that raise questions in the court's mind regarding the validity of the victim's evidence, even though the version of the victim also commands tremendous respect and acceptance in rape cases.

6.   Jayanti Rani Panda v State of West Bengal  (1983) SCC OnLine Cal 98  

In the case of Jayanti Rani Panda v State of West Bengal  (1983) SCC OnLine Cal 98, a similar question of whether sexual intercourse on the pretext of consent gained on the false promise of marriage is valid or not. Subsequently, Calcutta high court concluded that it cannot be explicitly stated that the accused had no intention of marrying the victim and after reconsideration of all the facts laid before the court, the court held that the present case was not a fraudulent promise but a case of “breach of engagement”.

The precedents mentioned above along with multiple cases are important to establish that intent is the distinguishing factor to make a man culpable under BNS, be it consent obtained under misconception of fact or consent obtained under a genuine promise which was later breached.

• Difference between False promise and Breach of promise

Another significant challenge would be the potential difference between the consent under false promise or breach of promise. For instance, in case of Consent under false promise, if it is proven that at the time of making the promise, the accused never intended to marry the victim, then the consent given by the victim would be under a misconception of fact. According to Section 90 IPC, such consent is not valid, as the accused knew or had reason to believe that the consent was given under a misconception. Therefore, in such cases, despite the absence of rape, the act would still be considered an offense due to the absence of valid consent.

On the other hand, in case of Breach of Promise, if a promise to marry is made genuinely but not fulfilled later, it does not necessarily amount to rape. For instance, if the accused was engaged with another person at the time of making the promise, this does not automatically imply deceit unless proven that the promise was fraudulent from the beginning.

• Civil Remedies – Breach of Promise and Compensation

When a person is deceived into a relationship under a false promise of marriage, the consequences extend beyond criminal liability. In many cases, the victim may have suffered financial losses, emotional distress, social stigma, or reputational harm. While criminal law provides punishment for the offender, civil remedies offer compensation to the aggrieved party.

A woman who has been wronged by a false promise of marriage can seek civil remedies under contract law, tort law, and specific relief laws. Below are the key civil remedies available:-

1. Breach of Promise to Marry – A Civil Wrong

There is no specific law recognizing “breach of promise to marry” as a civil cause of action, but courts have entertained such claims under contractual and tortious liability principles.

Key Elements to Prove Breach of Promise:-

A woman can seek damages (financial compensation) if she can prove:

i. A clear and serious promise of marriage was made by the accused.

ii. The woman acted upon the promise by engaging in a relationship, making financial contributions, or rejecting other marriage prospects.

iii. The accused knowingly broke the promise without valid justification, causing her harm.

If these elements are satisfied, a court may grant compensation for financial loss, mental agony, and social defamation.

2. Claiming Compensation Under Tort Law-

Tort law allows a person to seek damages (monetary relief) for personal harm caused by another's wrongful actions. The following torts can be invoked:-

1) Fraud & Misrepresentation

i. If a man deliberately deceived a woman into a relationship under a false promise of marriage, he may be held liable for fraud and misrepresentation.

ii. Courts have recognized that false assurances that induce detrimental reliance can be grounds for compensation.

2) Emotional Distress and Mental Harassment

i. If a woman suffers psychological trauma, depression, or emotional distress due to the betrayal, she may seek monetary compensation for mental agony.

ii. Courts assess the extent of harm, the duration of the deception, and the social impact before granting damages.

3. Recovery of Money & Financial Loss (Suit for Recovery Under Civil Law)

Many times, women provide financial assistance to their partners based on the assumption of marriage. If a woman has:

i. Loaned money,

ii. Given expensive gifts, or

iii. Transferred property in trust of a future marriage,

File a civil suit for recovery of money under the Code of Civil Procedure, 1908.

FOR FILING A CIVIL SUIT SHE CAN CONSULT A LAWYER-

•  Conclusion

A false promise of marriage is not just an emotional betrayal but a serious legal wrong with lasting consequences. Victims often face emotional trauma, financial loss, and social stigma, but the law provides both criminal and civil remedies to hold offenders accountable. While criminal laws punish deception, civil remedies ensure compensation for damages suffered. However, many victims remain unaware of their rights or hesitate due to social pressure. It is crucial to spread awareness and ensure strict legal enforcement. Deception under the guise of love must not go unpunished—justice must be both punitive and restorative to protect trust and uphold the dignity of individuals.