Common Myths About False Promise to Marry Law – Explained

Does every breakup become a criminal case? Learn the most common myths about false promise to marry law under Section 69 BNS and the legal reality behind them.

Introduction

The phrase “false promise to marry” has become one of the most misunderstood legal concepts in India after the introduction of Section 69 of the Bharatiya Nyaya Sanhita, 2023.

Social media, sensational news headlines, and half knowledge have created widespread fear and confusion. Many people believe that any failed relationship can now turn into a criminal case. That belief is incorrect.

This article clears the air by breaking down the most common myths about the false promise to marry law and explaining the actual legal position.

Common Myths About False Promise to Marry Law | Section 69 BNS Explained

Myth 1: Every Breakup Can Lead to a Section 69 BNS Case

Reality:
A breakup by itself is not a crime.

Section 69 BNS does not criminalise failed relationships. It applies only when sexual relations are established by deceit, where the promise to marry was false from the very beginning.

Courts consistently hold that a relationship failing due to personal differences, family opposition, or changed circumstances does not attract criminal liability.

Myth 2: If There Was a Physical Relationship, the Law Automatically Applies

Reality:
Physical intimacy alone does not prove an offence.

Consent is central to Section 69 BNS. The prosecution must prove that consent was obtained only because of a dishonest promise to marry.

If both parties willingly entered a relationship over time, courts treat it as a consensual relationship, not a criminal act.

Myth 3: Refusal to Marry Equals False Promise to Marry

Reality:
Refusal to marry and false promise to marry are legally different.

A person may genuinely intend to marry but later withdraw due to:

• Family pressure

• Financial issues

• Compatibility concerns

• Career or health reasons

The law punishes deception, not changed intentions.

Myth 4: Filing an FIR Means the Accused Is Guilty

Reality:
An FIR is only the beginning of the process.

It is not proof of guilt. Courts independently examine evidence, intent, and conduct.

Many Section 69 BNS cases are:

• Quashed at the High Court level

• Result in anticipatory bail

• End in discharge or acquittal

The legal system does not presume guilt merely because an FIR exists.

Myth 5: Section 69 BNS Is the Same as Rape Law

Reality:
Section 69 BNS is distinct from traditional rape provisions.

While it deals with sexual intercourse by deceitful means, it is not meant to criminalise consensual adult relationships.

Courts still rely on earlier Supreme Court jurisprudence which clearly distinguishes consent obtained by fraud from genuine consent.

Myth 6: The Woman’s Statement Alone Is Enough for Conviction

Reality:
The complainant’s statement is important, but not conclusive.

Courts examine:

• Timeline of the relationship

• Messages and call records

• Behaviour before and after the relationship

• Delay in filing the complaint

• Medical and circumstantial evidence

Criminal law requires proof beyond reasonable doubt.

Myth 7: Marriage After FIR Automatically Ends the Case

Reality:
Marriage does not erase a criminal case automatically.

While courts may consider settlement or changed circumstances, Section 69 BNS is not automatically compounded by marriage.

Each case depends on facts, judicial discretion, and procedural compliance.

Myth 8: Police Decide Whether the Case Is True or False

Reality:
Police investigate. Courts decide.

At the FIR stage, police often register cases mechanically. Determination of intent and truth happens during judicial scrutiny.

This is why legal remedies like anticipatory bail and quashing exist.

Myth 9: Only Short Relationships Can Be False Promise Cases

Reality:
Duration alone does not decide guilt or innocence.

A long relationship may still involve deception, and a short relationship may be entirely consensual.

Courts focus on intention at the beginning, not the length of the relationship.

Myth 10: Section 69 BNS Has Removed All Legal Safeguards for Men

Reality:
This is one of the most damaging myths.

Men continue to have strong constitutional and procedural protections including:

• Anticipatory bail

• FIR quashing

• Fair investigation

• Judicial scrutiny of intent

• Protection against misuse

The law is strict, but it is not blind.

Conclusion

False promise to marry law under Section 69 BNS is meant to punish deception, not heartbreak.

Most myths surrounding this provision arise from misunderstanding, fear, and misinformation. Knowing the legal reality helps both men and women understand their rights and responsibilities.

Criminal law should not be used as a tool of emotional retaliation. Courts remain the final guardians of justice.

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