Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
Relationships in a country like India are usually woven with the threads of commitment and marital aspiration, however, in recent times the threat of false promises of marriage has become a major concern. This breach of trust not only causes disappointment in romance but also turns into various legal and societal problems while destroying multiple lives and undermining faith in people. The False Promise of Marriage carried out as a hidden form of betrayal targets the societal and emotional sensitivity that exists in the Indian context. This offence distinguishes itself from the various love-related changes in affection that eventually cause relationships to end.
The results of broken promises of marriage stretch far into society and affect multiple individuals. People who become victims have to deal with long court proceedings in addition to experiencing severe emotional stress from abuse and dealing with shame for unmet marriage expectations because of manipulation. The increase in cases requires thorough evaluation regarding how consent and relational intentions operate in personal romantic bonds. These acts push societies to examine their capacity to handle trust breakdowns when their marriage beliefs are fundamental.
In this article, we will examine the legal structure regarding false marriage promises in India while giving specific attention to the BNS's Section 63 which constitutes recent changes to legal frameworks. We will study how manipulation functions psychologically, and identify specific deceitful methods that deceivers and exploiters use. We will analyse various aspects of this issue to enhance both legal awareness and broader public understanding of broken promises along with the need for an empathetic approach to society.
Also Read :- Child Abuse and Child Abuse Act in India
Definition and Legal Recognition: The False Promise of Marriage Occurs when the accused prey on someone for sexual or an emotional relationship on the basis of a promise of marriage while they have no intention of keeping their promise. Such dubious romantic vows are cognizable offenses under Indian penal law if certain conditions are met...
Indian Penal Code (IPC) & Bharatiya Nyaya Sanhita (BNS)
Section 375 (Rape) of IPC / Section 63 of BNS: According to the Supreme Court of India a person can be punished with a charge under Section 63 of BNS (the equivalent of IPC Section 375) when a he gets a woman to have sex with him under false marriage promise without any real intention to fulfil it.
Judicial systems separate cases of failed marital commitments from statements made by offenders to defraud others.
IPC Section 415 (Cheating) / Corresponding BNS Provisions: A person who has cheated some other person, making false promises of marriage, is liable to be prosecuted criminally, because of the resultant pecuniary as well as physical or emotional distress.
Protection under Civil and Personal laws: Family laws include breach of promise legal action as it is often required during the in-between situations of engagement ceremonies or financial transactions.
Section 63 of the Bharatiya Nyaya Sanhita (BNS) made a radical shift in how fake marriage promises should be treated as sexual offence ingredients. As per the BNS Indian Penal Code law has been amended so as to punish with the charge of rape for a false assurance of marriage for sexual intercourse. The statute’s foundational premise is based on the intentions that perpetrators exhibit when making their promises. (A crime of rape exists when proof appears to indicate the perpetrator never intended to marry before having sex with a victim.). Courts need to conduct thorough examinations to evaluate verbal promises behavioral/signs and evidential information which can reveal the actual motivation of the offender.
The law requires complainants to prove conditions of a fraudulent promise at inception, such that an important burden of proof is placed on them. To prove that fraudulent behaviour existed in these cases, a mature storyline which demonstrates fraud was committed through witness evidence in combination with electronic evidence as well as evidence of other witnesses is crucial. The government is aware that when cohabitation is based on a false promise, it can endure and wreak havoc in lives, which is why it makes cohabitation based on a false promise unlawful under Section 63 of the Act. Through this legislation, victims have the right to receive compensation that accounts for all kinds of damage they suffer including emotional consequences and financial expenses and ruined reputation. The legislation aims to provide compensation as a response to the devastating experience faced by victims of false promises in relationships because policymakers recognize the severe nature of this betrayal.
Landmarks Judgments and Court Interpretations
There are several key cases where both High Courts and Supreme Courts have acknowledged false promise of marriage and given some landmark judgments. Some of these prominent cases are discussed below
Deepak Gulati v. State of Haryana (2013): In this case the honorable Supreme Court had ruled that charges of rape cannot be ascertained on the pretext of false promises, unless they were made with the specific intent of deceiving a person.
Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra (2018): The ruling under this case was very significant as it drew line between romantic promises which are broken as opposed to specific false promises which induce people and lead them to be exploited.
Pramod Suryabhan Pawar v. State of Maharashtra (2019): In this landmark case the court provided clarity by pronouncing that the consent of women can be taken through genuine honest promises instead of deceptive inducement.
Recent Cases (2023-2024): Multiple court examples demonstrate the difficulty of establishing fraudulent intent therefore courts need solid proof.
High-profile cases that zeroed in on chat records emails and call recordings have turned the forensic examination of digital evidence into a rigid process.
Also Read :- The Protection of Children from Sexual Offences
The after effects of a false promise of marriage are quite devastating as the victim has to go through a lot, not only it drains the victim emotionally but also puts them in precarious situations in society, as a transitioning society women still face a social stigma about this. Women especially in such socially conservative Indian societies had to deal with rejection, which includes social boycott and may even entail honour related offence.
Depression and Anxiety: Incidents like false promise of marriage where the accused deny to marry the victim, puts the victim under tremendous emotional stress and anxiety.
Loss of Self-Worth: Victim mind often gets clouded with negative thoughts and often suffer from low self-esteem due to societal opinions.
Social Rejection: It happens often when women suffer boycotts from their family units and community groups.
Counselling and Legal Aid: There are NGOs that help victims to overcome such situation by providing them counselling as well as legal assistance to help victims.
Compensation under Law: Over the period of times many courts have began awarding money to victims where damages are under the law unsolvable.
Awareness Campaigns: The government try to set up awareness campaigns that aimed to provide academic information concerning relationship rights to the young adults.
Distinguishing Fake Marriage Promise from Breach of Promise: Courts must distinguish fake marriage promises from a breach of promise to marry when deciding whether fraudulent intentions existed with the marriage promise. The courts must prove that the accuser wasn't ever going to go through with the marriage, despite the promise he made to the victim.
Burden of Proof: The complainant must present witness statements, messages, and other evidence to show falsehood.
Possibility of False Allegations: These provisions have occasionally been misused by people seeking financial profits or personal revenge that demands courts to build strong evidence foundations for evaluation.
Digital Evidence and Forensics: Modern courts use technological evidence to study digital documents including WhatsApp conversations, emails and phone records in order to determine suspect intentions. Forensic experts now conduct digital record investigations in an increasing number of prominent case investigations.
Q1: What is the law on false promises of marriage?
Ans: If a man fraudulently causes a woman to establish sexual relations with him under the false promise of marriage, which he does not abet or perform, it will be considered Rape under the provision of Section 63 of the Bharatiya Nyaya Sanhita (BNS). It can also be u/s cheating (Section 415 IPC/BNS) in some cases
Q2: What is Section 63 of BNS of the Marriage Act?
Ans: BNS Section 63 emphasizes that if a person receives consent to have sexual relationship on basis of a false promise of marriage (when he had never intended to marry), it can be treated as rape. The court looks for the intention, the evidence, and the situations and all together decides whether the culprit is guilty or not.
Q3: What is the false promise of marriage under the BNS Act?
Ans: Under BNS, a false promise of marriage refers to deceitfully assuring marriage to induce consent for a sexual relationship, which, if proven fraudulent, can be punishable under Section 63.
Conclusion
The legal deception known as false promises of marriage exists where law intersects with morality as well as social values. Section 63 in BNS maintains an essential position to safeguard crime victims and stop improper legal implementations. The judiciary develops its position through a process which creates an equilibrium between law-based accountability standards and personal freedom.
