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Indian society is evolving at a fast pace. A few decades ago, marriages used to happen even without the bride and groom looking at each other’s face. Yet, the marriages lasted for eternity. Today, people believe in knowing the other person in and out before agreeing for marriage. Having sexual intercourse before marriage is quite common these days. Such fashion has sprouted more legal trouble for men in recent years. They were being prosecuted for rape under the Indian Penal Code. With the new criminal laws in force, there is a separate offence for the same. While a fake promise to marry and having sexual intercourse is an offence, how to prove false promise of marriage attracts a huge question mark. Here is a discussion on the new law and the modes to deal with the case with a legal lens. 

What is a False Promise to Marry?

Marriage is a sacred union and holds a respectable pedestal in Indian society. While arranged marriages are very common in India, love marriages are not so alien these days. Speaking of false promise to marry, it hints at a couple initiating a sexual relationship with the promise to marry each other in the near future, and then one of them backs out from the commitment of marriage and ends the relationship. When it comes to criminal laws, it is mostly the man in a relationship who is said to be seeking sexual favours through deceit. Women are not punished for a false promise to marry, not under the Indian Penal Code, 1860, which attracted rape charges in similar cases. 

Section 69 of BNS

The new criminal laws through Bharatiya Nyaya Sanhita introduced a new offence under Section 69. The provision lays the law regarding sexual intercourse by employing deceitful means. It states that if a person has sexual intercourse with a woman by making a promise to marry without any intention to fulfill the same, such an intercourse would not amount to rape but will be punishable under Section 69. It may be noted that the Indian Penal Code punished sexual intercourse in the absence of consent of a woman. The “deceitful means” under Section 69 of BNS also include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. 

Thus, anyone initiating a sexual relationship with a woman in the name of marriage, and then refusing to proceed with the marriage may attract the clutches of law. Proving the same before the Court becomes all the more important, for both the sides. The gravity of allegations and evidence available play a vital role on a case of false promise of marriage. 

How to Prove False Promise of Marriage under BNS 2023?

When it comes to proving a case of false promise to marry as per Section 69 of the Bharatiya Nyaya Sanhita, there are two major factors which are important - the reason of consent of the woman, and the intention of the man. This can be understood in detail below:

• Consent - As per Section 69 of the BNS 2023, the woman should have consented for sexual intercourse with the man based on promise of marriage. In other words, the man should have insisted that he would marry the woman in the coming future, and that they should get intimate. The woman believes the words of man, thinking that he is going to be her husband, and agrees for having sexual intercourse with him. To prove this aspect, there can be friends in whose presence the marriage proposal or discussion regarding getting married took place. There can be intimate chats which reflect that the reason for woman consenting to having sexual intercourse was exclusively marriage.  

• Intention - The provision under Section 69 particularly states about “making promise to marry to a woman without any intention of fulfilling the same”. Here, the intention reflects that the man made a promise of marriage only for achieving his sexual actions with the woman, and that he never intended to marry the woman in the first place. This part is not as easy to prove. The man involved in a case under Section 69 may show some evidence of families being involved for marriage discussions, or his chats with the women or someone else reflecting his plans of making the woman his better half. 

As discussed above, people who witnessed the couple, including friends, family and acquaintances can be better at proving a court case of false promise of marriage. On the other hand, with the advancing technology and people becoming more and mode dependent upon mobile phones, social media chats and call recordings can come handy to prove the stance, for both men and women in a Section 69 BNS matter. 

False Promise of Marriage Punishment

If the offence related to false promise to marry under Section 69 of BNS is proved, the Court may order a punishment of maximum 10 years along with fine. The gravity of offence, based on specific facts, plays a vital role in deciding the punishment for a fake promise of marriage. 

Defence for Men in False Promise of Marriage

While marriage is not dependent upon couples having sexual intercourse before tying the knot, it may be cancelled for various reasons. It is not always that the man did not intend to marry the woman, and only wanted sexual intercourse which achieved and marriage plans went off the hook. There can be some other reasons as well such as temperamental incompetence, family problems, and other personal reasons which may lead to chaos and end the discussions for marriage.