Anticipatory Bail in False Promise of Marriage | Men’s Guide

Facing a false promise to marry case? Learn how to get anticipatory bail in Section 69 BNS cases. Cost, validity, bond amount, legal tips, and next steps explained.

Facing allegations under Section 69 of the Bharatiya Nyaya Sanhita (BNS) for a false promise to marry can feel like the ground is slipping beneath your feet. The fear of arrest, public humiliation, and damage to your personal and professional life is real.

In such cases, your most urgent legal safeguard is anticipatory bail in Section 69 BNS cases.

This blog explains how anticipatory bail in false promise of marriage cases works, what courts consider, how much it costs, how long it lasts, and what steps to take if rejected – all in one place.

What is Anticipatory Bail in Section 69 BNS?

Anticipatory bail is a pre-arrest legal protection for individuals who apprehend arrest in a non-bailable offence. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the concept of anticipatory bail continues in a format similar to Section 438 CrPC.

If you’re falsely accused of a false promise to marry under Section 69 BNS, anticipatory bail ensures the police cannot arrest you without court permission. It allows you to prepare your legal defense while remaining free.

Understanding the Allegation: False Promise of Marriage

If an allegation or offense occurred before July 1, 2024, the case will be governed by the old laws (IPC, CrPC, and the Indian Evidence Act). In many cases, an allegation of a false promise of marriage may lead to accusations of:

• Rape (Section 376 IPC) – if it is claimed that the sexual relationship was induced solely on the promise of marriage which was never intended to be fulfilled.

• Cheating (Section 417/420 IPC) – for misrepresentation or fraudulent intent.

• Criminal intimidation, insult, or cruelty, depending on the facts.

If an allegation or offense occurred on or after July 1, 2024, the case will be governed by the new laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).

Judicial Approach to Anticipatory Bail in False Promise of Marriage

Courts in India take a fact-sensitive approach in deciding anticipatory bail applications in cases involving false promises of marriage. Some guiding principles include:

1. Intention is Key

• Courts examine whether the accused had the intention to marry at the time of making the promise.

• If the promise was made in bad faith and only to establish a physical relationship, it may lead to denial of anticipatory bail.

2. Nature of Relationship

• If the relationship appears to be consensual and long-term, courts may infer mutual understanding rather than deceit.

• In such cases, bail may be granted, especially if there’s delay in FIR, inconsistencies in statements, or no compelling prima facie evidence of fraud.

3. Misuse of Legal Process

• Courts are cautious of false or motivated complaints, especially where there is a history of consent and mutual involvement.

• Supreme Court and High Courts have on occasion highlighted abuse of process and protected the accused from arrest when allegations appear to be retaliatory or exaggerated.

4. Social Stigma & Gender Sensitivity

• Courts balance the rights of the complainant (often the woman) with that of the accused, ensuring neither is unduly harassed or stigmatized.

• Courts often refrain from arrest if no custodial interrogation is required.

Key Case Law

1. Pramod Suryabhan Pawar v. State of Maharashtra (2019) – Supreme Court of India

   • SC held that rape allegations based on false promises of marriage require proof that the accused never intended to marry from the outset.

2. Deepak Gulati v. State of Haryana (2013) – Supreme Court of India

   • A landmark judgment by the Supreme Court of India that examines the legal interpretation of consent, particularly in cases involving promises of marriage and their legal implications. The court stressed on “intentional deception” as a crucial factor.

Practical Insights for Anticipatory Bail Applications

• Strongly argue absence of fraudulent intent.

• Provide evidence of a consensual relationship, such as chats, photos, etc.

• Emphasize delays in complaint filing or inconsistencies in the FIR.

• If the accused is cooperating and custodial interrogation isn’t necessary, this supports the case for anticipatory bail.

• Courts might impose conditions like no contact with the complainant, surrender of passport, etc., rather than deny bail outright.

Why Anticipatory Bail is Critical in False Promise to Marry Cases

Section 69 BNS cases are non-bailable, which means that once an FIR is filed, the police can arrest without seeking court permission.

This makes BNS 69 anticipatory bail the most immediate protection you can seek to avoid arrest and unnecessary detention.

Having a skilled anticipatory bail lawyer for Section 69 BNS can make all the difference. Bail is not automatic – courts examine the relationship history, nature of allegations, and your intent.

Factors Courts Consider Before Granting Anticipatory Bail

Before granting anticipatory bail in Section 69 BNS, courts assess the following:

• Seriousness of the allegations

• The complainant’s conduct during the relationship

• Evidence showing mutual consent and ongoing relationship

• Delay in filing the FIR

• Your prior criminal record, if any

• Whether you are likely to abscond or influence witnesses

Courts look beyond emotions and assess intent and evidence.

Common Defense Strategies in Section 69 BNS Anticipatory Bail Applications

To improve your chances of securing false promise of marriage bail, your legal defense must focus on:

• Proving a genuine romantic relationship

• Producing chats, photos, messages that show mutual consent

• Highlighting inconsistencies in the complaint

• Showing attempts made toward marriage or family involvement

• Explaining why the relationship did not lead to marriage without criminal intent

Each point must be case-specific. Courts expect arguments that are tailored to facts, not copied from generic formats.

Anticipatory Bail Cost in District Court and High Court

Many people wonder how much it costs to file for anticipatory bail. Here’s a breakdown:

• Anticipatory bail cost in district court: Usually between ₹25,000 to ₹55,000 or more depending on lawyer fees (based on professional experience and subject-matter expertise) and court charges.

• Anticipatory bail cost in high court: Can range from ₹55,000 to ₹175,000 or more depending on case complexity and location.

Always ask your lawyer for a clear breakdown. Also consider the anticipatory bail bond amount, which may be directed by the court.

How Long is Anticipatory Bail Valid?

Courts may grant anticipatory bail for:

• A fixed time period (e.g., 4 weeks) until you apply for regular bail

• Or, until the end of the trial

Some courts issue interim bail as a temporary relief until the main hearing. There is a clear difference between anticipatory bail and interim bail – interim is temporary and often time-bound, while anticipatory is pre-arrest protection until further orders.

In Sushila Aggarwal v. State (NCT of Delhi) 2020, the Supreme Court clarified that anticipatory bail does not automatically expire after a fixed period. The Court held that, unless specifically limited by the court granting it, anticipatory bail can continue till the end of the trial, subject to compliance with the conditions imposed by the court.

The decision in Sushila Aggarwal settles the legal position that anticipatory bail is not inherently time-bound. Courts retain the discretion to impose time limitations, but in the absence of such restrictions, the protection may extend through the duration of the trial, ensuring a balance between personal liberty and the interests of justice.

What Happens After Getting Anticipatory Bail?

If anticipatory bail is granted, here’s what to do next:

1. Follow bail conditions strictly (e.g., don’t leave jurisdiction, cooperate in investigation)

2. Apply for regular bail after anticipatory bail, if directed

3. Begin preparing your defense — collect digital proof, timelines, witness statements

4. Avoid direct contact with the complainant

Anticipatory bail is your legal breathing space. Use it wisely to build your case.

When Can Anticipatory Bail Be Rejected?

Courts may reject your bail application if:

• The court believes there is prima facie evidence of fraud

• You fail to produce documents proving genuine intent

• You try to contact or threaten the complainant

• You have a criminal record

If rejected, don’t panic. Understand what to do if anticipatory bail is rejected by sessions court:

👉 You can reapply in High Court
👉 You may explore interim protection
👉 You can revise and improve your petition with better legal strategy

There is no legal limit on how many times you can apply for bail in sessions court, but repeated, weak applications reduce credibility. Always improve the next application based on court observations.

Supreme Court Decision on False Promise of Marriage 2025

In May 2025, the Supreme Court reiterated that consensual relationships cannot automatically be turned into criminal complaints under Section 69 BNS, unless there is clear evidence of deception.

The Supreme Court set aside two FIRs filed by a woman against an Indian man residing in the United States, accusing him of having sexual relations with her based on a false assurance of marriage. The Court observed that the claims were entirely baseless and amounted to a misuse of the judicial system, describing the complaint as both “manipulative” and “vindictive.”

This decision is expected to strengthen the position of those falsely accused after breakups, engagements, or emotional fallout.

 If you want to understand the basic legal meaning and punishment under Section 69 BNS, check out our article on What is Section 69 BNS in India? Full Legal Explanation.

 To understand how Section 69 BNS applies in false promise of marriage allegations, read our post on False Promise of Marriage under Section 69 BNS: Legal Meaning and Explanation.

Concluding: Don’t Wait for Arrest – Act Now

If you’re facing a false promise to marry allegation, do not wait for the police to act. The sooner you apply for anticipatory bail, the higher your chances of protection and success.

With the right legal advice, evidence, and a focused petition, anticipatory bail under Section 69 BNS can protect your liberty, dignity, and future.