The issue of false promises of marriage resulting in sexual relations is a serious concern in India. It often involves a person inducing another to consent to sexual intercourse on the assurance of marriage, later refusing to fulfill that promise. Under the earlier Indian Penal Code (IPC), this was usually dealt with under sections related to rape (section 375) or cheating (section 415), depending on the facts.
With the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaces the IPC, this aspect is now specifically recognized under Section 69, which deals with “Consent obtained under misconception of fact.” This provision continues to cover scenarios like false promises of marriage.
Understanding Section 69 BNS: The Law on False Marriage Promises
What Does Section 69 BNS Say?
Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“A consent is not such a consent as is intended by this Sanhita—
(a) 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; or
(b) if the consent is given by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
(c) unless the contrary appears from the context, if the consent is given by a person who is under eighteen years of age.”
Thus, Section 69(a) is especially relevant in cases of false promises of marriage. It means that if a person gives consent to sexual intercourse under a misconception of fact, such as being falsely promised marriage, that consent is vitiated. The person engaging in sexual intercourse knowing that such consent is based on a false belief can be prosecuted.
Key Elements of the Offense:
- Deceitful Means – Includes false promises of employment, promotion, or marriage while suppressing true intentions.
- No Intention to Marry – The accused must have never intended to marry the victim from the beginning.
- Sexual Intercourse – The act must involve physical intimacy based on fraudulent consent.
- Not Amounting to Rape – If the case meets the definition of rape (e.g., coercion, force), it will be tried under Section 63 BNS (equivalent to IPC 375) instead.
How Courts View False Promises of Marriage
Indian courts have evolved jurisprudence on this issue. They usually assess:
- Intention from the start: If, at the time of making the promise, the person never intended to marry and only made the promise to seduce the other, it is treated as a case of misconception of fact.
- Subsequent failure vs. false promise: If the promise was made in good faith but could not be fulfilled due to genuine reasons (like family opposition), it is generally not treated as rape or cheating.
Examples from case law:
- In Deepak Gulati v. State of Haryana (2013), the Supreme Court held that if the promise was false from the outset, it amounts to rape.
- In Pramod Suryabhan Pawar v. State of Maharashtra (2019), the Court reiterated that not every failed promise of marriage is rape. The crucial factor is the intention at the time of making the promise.
How is Section 69 Different from IPC 375 (Rape)?
Previously, false marriage promises were often prosecuted under IPC 375 (rape) if consent was deemed invalid due to misconception of fact (Section 90 IPC / Section 28 BNS). However, courts recognized that not every broken promise constitutes rape.
- IPC 375 (Now BNS 63) – Requires lack of consent, coercion, or force.
- BNS 69 – Specifically addresses deceptive consent, where the victim agrees due to a fraudulent marriage promise.
Punishment Under BNS 69: 10-Year Jail & Non-Bailable Offence
Though Section 69 itself is a definitional section, it becomes relevant in reading offenses such as Section 63 (rape). Thus, if consent for sexual intercourse was obtained under a misconception of fact (like a false promise of marriage), it is treated as no consent, and the act becomes rape, punishable with rigorous imprisonment not less than 10 years, which may extend to life imprisonment, and fine.
Protection & Legal Remedy
Victims of such deception can:
- File an FIR under relevant sections of BNS (earlier IPC) for rape.
- Seek protection under domestic violence laws or sexual harassment laws if applicable.
- Claim compensation under victim compensation schemes.
Conclusion
Section 69 of the BNS strengthens the legal position on vitiated consent due to misconception of fact, including cases of false promises of marriage leading to sexual intercourse. It serves as a safeguard, ensuring that consent is real and informed, and not the result of deception. This provision reflects the law’s commitment to protect the dignity and bodily autonomy of individuals, particularly women, from exploitation under the guise of false assurances.
Short Note:
- False promise of marriage can invalidate consent under Section 69(a) BNS.
- If intention to marry was absent from the beginning, sexual act amounts to rape under Section 63 BNS.
- Courts look at the bona fide intention of the accused at the time of promise.