False Promise of Marriage by Girlfriend: Can a Man File a Case Under Section 69 BNS?
Facing false promise of marriage by girlfriend? Learn whether a man can file an FIR, invoke Section 69 BNS, recover money, and explore his legal remedies.
The breakdown of a romantic relationship can be emotionally devastating. For many men, the pain is even greater when they believe that the relationship was built on repeated promises of marriage. In some cases, a girlfriend may promise to marry, enter into a long-term relationship, become physically intimate, accept financial support, gifts, or other assistance, and later end the relationship to marry another person.
Sometimes the relationship ends because she develops a relationship with someone else. In other cases, the breakup occurs due to family pressure, caste or religious differences, career choices, or changing personal circumstances. Whatever the reason, the man often feels deceived and begins searching for legal remedies.
Introduction
The end of a romantic relationship can be emotionally devastating, especially where one partner genuinely believed that marriage was certain. Many men invest years in a relationship, introduce their girlfriend to their family, become physically intimate, spend significant amounts of money, and make important life decisions based on repeated assurances that they will eventually marry.
When the relationship unexpectedly ends—particularly if the girlfriend marries another person—many men feel deceived and begin searching for legal answers. Common online searches include:
- false promise of marriage by girlfriend
- my girlfriend promised to marry me but married someone else
- can a man file a case against his girlfriend?
- can a man file an FIR for false promise of marriage?
- legal action against girlfriend for cheating in relationship
One of the biggest misconceptions is that Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides the same criminal remedy to men that it provides in cases involving allegations against men. That assumption is incorrect.
While Section 69 BNS criminalises certain acts involving sexual intercourse obtained by deceitful means or a false promise to marry, the provision has a specific statutory scope. As the law presently stands, it does not ordinarily enable a man to prosecute a woman for making a false promise of marriage. This often surprises readers, particularly those who believe they have suffered similar emotional or financial consequences after the breakdown of a relationship.
At the same time, the absence of a remedy under Section 69 BNS does not automatically mean that a man has no legal rights whatsoever. Depending on the facts, other civil or criminal remedies may need to be examined independently. Equally, many relationships end because of genuine changes in circumstances, family pressure, incompatibility, or mutual decisions, without giving rise to any legal proceedings.
This guide explains the current legal position in India regarding false promise of marriage by a girlfriend, clarifies the scope of Section 69 BNS, examines whether any legal remedies may be available to men, and answers the practical questions that commonly arise after the breakdown of such relationships.
Whether you are seeking legal awareness, considering your legal options, or simply trying to understand your rights, this guide will help you separate emotional betrayal from legal liability and understand what the law actually provides.
What This Guide Explains
The legal position relating to a false promise of marriage by a girlfriend is widely misunderstood. Many men assume that if they were induced into a relationship by repeated assurances of marriage, they can immediately file an FIR or prosecute their girlfriend under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Others believe they have no legal remedy whatsoever.
Neither assumption is always correct.
This comprehensive guide explains the law objectively and answers the questions most frequently asked by men after the breakdown of such relationships.
In this guide, you will learn:
- Whether a man can file an FIR under Section 69 BNS against his girlfriend.
- Why Section 69 BNS does not ordinarily apply to allegations made by a man against a woman.
- The legal distinction between a failed relationship, a broken promise to marry, and a criminal offence.
- Whether a man has any other civil or criminal remedies under Indian law.
- What to do if your girlfriend promised to marry you but later married someone else.
- Whether money spent during the relationship can be legally recovered.
- Whether the police can register an FIR based on such allegations.
- What evidence should be preserved if a legal dispute may arise.
- Common legal mistakes men make after a breakup.
- The most common myths and misconceptions surrounding false promises of marriage.
- Answers to frequently asked questions on the subject.
The purpose of this guide is not to encourage unnecessary litigation, but to explain the law accurately so that readers understand what legal rights exist, what remedies may be available, and what misconceptions should be avoided.
By the end of this article, you will have a clear understanding of the present legal position regarding false promise of marriage by a girlfriend, the scope of Section 69 BNS, and the practical steps that should be taken before considering any legal action.
Understanding False Promise of Marriage by Girlfriend
The expression “false promise of marriage by girlfriend” is not a defined legal term under Indian law. Rather, it is a phrase commonly used by men who believe that they were induced into a romantic relationship by repeated assurances of marriage which were ultimately not fulfilled.
Typically, such situations involve allegations that a girlfriend:
- repeatedly promised to marry;
- persuaded the man to continue the relationship based on those promises;
- became physically intimate during the relationship;
- accepted financial support, gifts, or other benefits;
- later ended the relationship; and
- eventually married another person or refused to marry altogether.
In some cases, the relationship may last for several years before ending unexpectedly. In others, the breakup may occur because the girlfriend develops a relationship with someone else, changes her mind, or decides to marry a person chosen by her family.
The emotional impact of such situations can be profound. Many men feel that they invested their time, emotions, finances, and future in the relationship based on a genuine expectation of marriage. As a result, they often believe that they have been legally deceived and begin searching for criminal remedies.
However, emotional betrayal and legal liability are not always the same thing.
The law does not treat every failed relationship or every broken promise to marry as a criminal offence. Whether any legal remedy exists depends upon the applicable statutory provisions, the nature of the allegations, and the evidence available.
Understanding the Legal Position Before and After 1 July 2024
The legal framework governing allegations arising out of romantic relationships changed significantly with the enforcement of India’s new criminal laws on 1 July 2024.
If the Alleged Incident Occurred Before 1 July 2024
Where the alleged conduct took place before 1 July 2024, the case would ordinarily be governed by the earlier criminal laws, including:
- the Indian Penal Code, 1860 (IPC);
- the Code of Criminal Procedure, 1973 (CrPC); and
- the Indian Evidence Act, 1872.
Depending upon the facts, allegations relating to a false promise of marriage often resulted in cases involving:
- Section 376 IPC (Rape), where it was alleged that consent for sexual intercourse had been obtained solely on a promise of marriage that was never intended to be fulfilled;
- Sections 417 or 420 IPC (Cheating), where the statutory ingredients were alleged to exist; or
- other offences depending upon the specific facts of the case.
Importantly, there was no separate offence specifically dealing with false promises of marriage under the Indian Penal Code.
If the Alleged Incident Occurred On or After 1 July 2024
Where the alleged conduct occurred on or after 1 July 2024, the case is governed by India’s new criminal law framework comprising:
- the Bharatiya Nyaya Sanhita, 2023 (BNS);
- the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); and
- the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
One of the most significant changes introduced by the Bharatiya Nyaya Sanhita is Section 69 BNS, which creates a specific statutory offence relating to sexual intercourse by employing deceitful means, including a false promise to marry made without any intention of fulfilling it.
However, Section 69 BNS has a defined statutory scope. It does not automatically apply to every failed relationship, nor does it ordinarily provide a criminal remedy to a man alleging that his girlfriend falsely promised to marry him.
Understanding this distinction is essential because many people incorrectly assume that every allegation involving a false promise of marriage is now covered by Section 69 BNS.
The following sections explain whether a man can invoke Section 69 BNS against his girlfriend, why the law has been drafted in its present form, and what legal remedies—if any—may still be available depending on the facts of the case.
Can a Man File an FIR Under Section 69 BNS Against His Girlfriend?
This is perhaps the most frequently searched legal question by men after the breakdown of a relationship:
“My girlfriend promised to marry me, we were in a physical relationship, but she later married someone else. Can I file an FIR against her under Section 69 BNS?”
Under the present legal framework, the answer is ordinarily no.
Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) creates a specific criminal offence relating to sexual intercourse by employing deceitful means or by making a false promise to marry without any intention of fulfilling it. However, the provision has a limited statutory scope and has been enacted to criminalise specified conduct by a man against a woman.
Accordingly, Section 69 BNS does not ordinarily permit a man to lodge an FIR against his girlfriend alleging that she falsely promised to marry him. Even if the man genuinely believes that he was emotionally, financially, or personally deceived, the police cannot invoke a criminal provision that does not apply to the facts alleged.
The Answer Depends on the Wording of Section 69 BNS
Many people believe that because the facts appear similar, the law should apply equally regardless of whether the allegation is made by a man or a woman.
Criminal law, however, does not operate on assumptions of similarity. It operates on the precise language enacted by Parliament.
Before an FIR can be registered under any penal provision, the alleged facts must satisfy the statutory ingredients of that specific offence. If the legislature has defined the offence in a particular manner, courts and investigating agencies are bound to apply it as written.
Therefore, the scope of Section 69 BNS is determined by its statutory language, not by the emotional consequences of the relationship or by perceptions of fairness.
Emotional Betrayal Does Not Automatically Create Criminal Liability
Many men experience genuine emotional and financial hardship after a breakup.
For example, a man may have:
- remained in a long-term relationship believing marriage was certain;
- introduced his girlfriend to his family;
- become physically intimate;
- spent substantial amounts on travel, education, or living expenses;
- rejected other marriage proposals; or
- planned his future based on repeated assurances of marriage.
If the relationship later ends and the girlfriend marries someone else, the sense of betrayal can be immense.
However, criminal liability does not arise merely because one partner feels deceived or emotionally hurt. A person can be prosecuted only where the alleged conduct falls within a recognised criminal offence created by law.
Similar Facts Do Not Mean the Same Legal Remedy
Many readers compare their situation with cases discussed in the media where women have filed criminal cases alleging a false promise of marriage.
Although the factual background may appear similar, the legal remedy depends upon the statutory provision under which the prosecution is sought to be initiated.
A criminal court cannot extend the scope of Section 69 BNS to situations that Parliament has not included within the provision. Criminal statutes are interpreted strictly, and no person can be prosecuted under a penal law unless the legislature has expressly made the alleged conduct an offence.
Does This Mean a Man Has No Legal Rights?
Not necessarily. The fact that Section 69 BNS is ordinarily unavailable does not automatically mean that a man has no legal remedy whatsoever.
If the dispute involves:
- recovery of money advanced as a loan;
- ownership of property;
- contractual obligations;
- or any other legally recognised right,
the man may still have remedies under other provisions of law, depending on the facts and evidence.
However, those remedies must be examined independently and cannot be assumed merely because the relationship ended.
A man cannot ordinarily file an FIR under Section 69 BNS against his girlfriend for an alleged false promise of marriage. The provision has a specific statutory scope and does not create a corresponding offence applicable to a woman. However, it does not mean that every grievance is without a legal remedy. Rather, it means that the correct legal remedy—if any—must be identified by examining the facts, the available evidence, and the applicable provisions of law instead of assuming that Section 69 BNS applies to every failed relationship.
If Section 69 BNS Does Not Apply, Does a Man Have Any Legal Remedy?
The fact that Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) does not ordinarily apply to allegations made by a man against his girlfriend does not automatically mean that he has no legal remedy whatsoever.
The availability of a legal remedy depends upon the actual nature of the dispute, the facts of the case, and the evidence available. Indian law recognises that not every grievance arising from a failed relationship is the same. Some disputes may involve civil rights, some may disclose the ingredients of another criminal offence, while many may not give rise to any legal proceedings at all.
Accordingly, the correct question is not: “Can I use Section 69 BNS?”
Rather, it is: “Has any legally recognised right been violated, and if so, what is the appropriate legal remedy?”
The Nature of the Dispute Determines the Remedy
A romantic relationship may involve several independent legal issues, such as:
- financial transactions;
- loans and repayments;
- ownership of property;
- joint investments;
- contractual obligations;
- or other disputes unrelated to the promise of marriage.
Each of these issues is governed by its own legal principles.
For example, a dispute over repayment of money is legally different from a dispute concerning ownership of property. Similarly, a civil claim is fundamentally different from a criminal prosecution. Simply because the relationship ended does not convert every disagreement into a criminal offence.
Recovery of Money May Be Possible in Appropriate Cases
Many long-term relationships involve substantial financial transactions.
A man may have:
- transferred money to his girlfriend;
- financed her education;
- paid rent or living expenses;
- invested in a joint business;
- or advanced money on the understanding that it would be repaid.
If the payment was genuinely intended to be a loan or another legally enforceable financial arrangement, the law may provide an appropriate remedy for recovery, depending upon the evidence.
However, every payment made during a relationship is not automatically recoverable. The legal character of each transaction must be examined independently.
Voluntary Gifts Are Generally Treated Differently
It is common for partners to exchange gifts during a relationship.
These may include:
- jewellery;
- mobile phones;
- laptops;
- vacations;
- restaurant expenses;
- clothing;
- festival gifts; or
- other personal items.
Where such items were voluntarily given out of affection without any agreement for repayment or return, they are generally treated differently from loans.
The mere fact that the relationship subsequently ended does not ordinarily create a legal right to recover every gift exchanged during the relationship.
Other Criminal Remedies Cannot Be Assumed
Some men believe that if Section 69 BNS is unavailable, they can automatically file a complaint for cheating or another criminal offence.
That assumption is legally incorrect.
Every criminal offence under the Bharatiya Nyaya Sanhita has its own statutory ingredients. Whether any other criminal provision is attracted depends entirely upon the specific allegations and the evidence available.
A breakup, a refusal to marry, or the fact that the girlfriend married another person does not automatically establish the commission of another criminal offence.
Many Failed Relationships Do Not Give Rise to Any Legal Proceedings
Relationships end for countless reasons.
Sometimes the breakup occurs because of:
- family opposition;
- caste or religious differences;
- career priorities;
- relocation;
- incompatibility;
- mutual disagreement; or
- a genuine change of intention.
Although such situations may cause significant emotional pain, the law does not provide a legal remedy for every emotional disappointment.
Courts grant relief only where a recognised legal right has been violated and the applicable statutory requirements are satisfied.
Every Case Depends Upon Its Own Facts
There is no universal legal answer that applies to every relationship.
Before determining whether any remedy exists, it is necessary to examine:
- the duration of the relationship;
- the chronology of events;
- the nature of the alleged promises;
- financial transactions between the parties;
- documentary and electronic evidence;
- and the surrounding circumstances.
Only after analysing the complete factual background can it be determined whether any civil or criminal remedy may be available.
Seek the Correct Remedy, Not Just Any Remedy
One of the biggest mistakes people make after the breakdown of a relationship is trying to fit their grievance into a legal provision that does not apply.
The law provides different remedies for different types of disputes. Choosing the wrong legal remedy may result in unnecessary litigation, delay, and disappointment.
Instead of asking whether Section 69 BNS can be invoked, the better approach is to identify the actual legal issue and then determine the appropriate legal course based on the facts and the applicable law.
The inapplicability of Section 69 BNS does not automatically deprive a man of all legal remedies. Depending on the circumstances, disputes relating to money, property, contractual obligations, or other legally recognised rights may still require legal examination. However, every case is fact-specific. Before initiating any proceedings, it is advisable to preserve relevant evidence, understand the applicable legal framework, and obtain professional legal advice to identify the correct remedy, if any.
Why the Law Treats Men and Women Differently Under Section 69 BNS
After learning that Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) does not ordinarily permit a man to file an FIR against his girlfriend for a false promise of marriage, many readers naturally ask:
“If a woman can initiate criminal proceedings against a man under Section 69 BNS, why can’t a man file the same case against a woman?”
This is a legitimate legal question. However, the answer lies not in personal opinions about fairness, but in the wording of the statute enacted by Parliament.
Section 69 BNS Is a Gender-Specific Criminal Provision
Section 69 BNS creates a specific criminal offence relating to sexual intercourse by employing deceitful means, including a false promise to marry made without any intention of fulfilling it.
As presently enacted, the provision criminalises specified conduct by a man against a woman. It does not create a corresponding offence applicable to a woman who allegedly makes a false promise of marriage to a man.
Therefore, a man cannot ordinarily invoke Section 69 BNS against his girlfriend merely because the factual circumstances appear similar to those in which a woman may invoke the provision.
Criminal Courts Must Apply the Law as Written
One of the fundamental principles of criminal jurisprudence is that penal statutes are interpreted strictly.
A person can be prosecuted only if the alleged conduct clearly falls within the offence created by the legislature. Courts cannot enlarge the scope of a criminal provision simply because a particular case appears morally unfair or emotionally compelling.
If Parliament has chosen to define an offence in a particular manner, courts and investigating agencies are bound to apply that definition. Any expansion of the scope of Section 69 BNS must come through legislative amendment, not judicial interpretation.
Similar Facts Do Not Always Lead to the Same Legal Result
Many people assume that if two relationships involve similar facts, the legal remedy should also be identical.
For example:
- In one case, a man allegedly makes a false promise of marriage to a woman and obtains her consent for sexual intercourse.
- In another case, a woman allegedly makes a false promise of marriage to a man, enters into a relationship with him, and later marries someone else.
Although the emotional consequences may appear comparable, criminal liability is determined by the statutory ingredients of the offence, not by the similarity of personal experiences.
This is why lawyers first examine whether the law itself applies before considering whether the available evidence is sufficient.
Emotional Harm Does Not Automatically Create Criminal Liability
The end of a serious relationship can cause profound emotional, social, and financial hardship to either party.
A man may have spent years in the relationship, rejected other marriage proposals, made financial commitments, or planned his future based on repeated assurances of marriage. Those circumstances may understandably lead to feelings of betrayal.
However, the existence of emotional harm does not, by itself, establish the commission of a criminal offence.
Criminal liability arises only where the conduct complained of satisfies the statutory ingredients of an offence recognised by law.
Equality Before Law Does Not Mean Every Offence Is Gender-Neutral
Some readers also question whether this position is inconsistent with the constitutional principle of equality.
The Constitution guarantees equality before the law and equal protection of the laws. However, Parliament may enact gender-specific criminal offences where it considers such legislation appropriate, subject to constitutional limitations.
Whether a particular statutory provision should be gender-neutral is ultimately a matter of legislative policy, not something that investigating agencies or courts can decide while applying an existing criminal statute.
The Present Legal Position
As the law presently stands:
- A man cannot ordinarily file an FIR under Section 69 BNS against his girlfriend for an alleged false promise of marriage.
- Courts cannot extend the scope of Section 69 BNS beyond its statutory language.
- If a man believes that he has suffered financial loss or that another legally recognised right has been violated, he must examine whether any other legal remedy is available on the facts of his case.
Understanding this distinction is essential because it helps individuals pursue the correct legal remedy instead of relying upon a criminal provision that does not ordinarily apply to their situation.
The difference in legal treatment under Section 69 BNS arises from the way Parliament has drafted the provision, not from the facts of any individual relationship. Criminal courts are bound to apply the law as enacted and cannot create new offences through interpretation. For this reason, a man alleging a false promise of marriage by his girlfriend must examine whether any other legal remedy exists rather than assuming that Section 69 BNS provides a corresponding criminal remedy.
My Girlfriend Promised to Marry Me but Married Someone Else. What Should I Do?
Finding out that your girlfriend has married someone else after repeatedly assuring you that she would marry you can be emotionally devastating. Many men describe feeling betrayed after investing years in the relationship, introducing their partner to family members, becoming physically intimate, spending significant amounts of money, and making important life decisions based on the expectation of marriage.
In such situations, it is natural to look for legal answers. However, the first step should not be to assume that a criminal offence has been committed. Instead, it is important to understand the legal position objectively and take informed decisions.
Stay Calm and Avoid Acting Emotionally
The end of a relationship often leads to anger, disappointment, and frustration. Many people immediately consider filing police complaints, sending threatening messages, or confronting the former partner.
Such actions rarely improve the situation and may, in some cases, create additional legal complications.
Before taking any legal step, remain calm and evaluate the facts carefully.
Do Not Assume That Every Broken Promise Is a Criminal Offence
A promise to marry that is ultimately not fulfilled does not automatically amount to a criminal offence.
Relationships may end because of:
- family opposition;
- caste or religious differences;
- career opportunities;
- relocation;
- incompatibility;
- mutual disagreements; or
- a genuine change of intention.
The law distinguishes between a relationship that genuinely failed and conduct that amounts to a legally recognised offence.
Understand Why the Relationship Ended
Before considering legal action, honestly examine the circumstances that led to the breakup.
Ask yourself:
- Was there a genuine intention to marry at the beginning of the relationship?
- Did circumstances change later?
- Was the decision influenced by family pressure?
- Were there disputes unrelated to marriage?
- Did financial disagreements arise independently?
Understanding the actual reason behind the breakup is often the starting point for determining whether any legal issue exists.
Preserve Important Evidence
If you believe a legal dispute may arise, preserve all relevant documents and electronic records before they are lost or deleted.
Useful material may include:
- WhatsApp chats;
- emails;
- bank statements;
- UPI transaction records;
- photographs;
- travel bookings;
- loan documents; and
- any communication relating to financial transactions or marriage discussions.
Maintaining original records is generally more valuable than trying to reconstruct evidence later.
Do Not Harass or Threaten Your Former Girlfriend
After a breakup, some people repeatedly call, message, threaten, or attempt to pressure their former partner into marriage.
Others publish private chats or photographs on social media to embarrass the other person.
Such conduct may expose the individual to separate legal consequences and can seriously weaken any legitimate legal claim that may otherwise exist.
If a legal dispute arises, it should be addressed through lawful procedures rather than emotional confrontation.
Consider Whether Any Other Legal Remedy Exists
Although Section 69 BNS does not ordinarily permit a man to prosecute his girlfriend for a false promise of marriage, that does not automatically mean that every legal remedy is unavailable.
If the dispute involves:
- recovery of money advanced as a loan;
- ownership of property;
- contractual obligations; or
- any other legally recognised right,
the applicable legal remedy should be examined independently based on the facts and the available evidence.
Obtain Legal Advice Before Taking Any Legal Step
Every relationship is different.
The availability of a legal remedy depends upon:
- the chronology of events;
- the nature of the promises made;
- financial transactions between the parties;
- documentary and electronic evidence; and
- the applicable legal provisions.
An experienced lawyer can assess the facts objectively and advise whether any legally sustainable remedy exists.
Focus on the Correct Legal Remedy
One of the biggest mistakes people make after a breakup is assuming that filing an FIR is the only solution.
In reality, different disputes require different legal remedies. Some situations may involve civil proceedings, some may disclose another criminal offence, while many failed relationships do not give rise to any legal proceedings at all.
Understanding this distinction can save considerable time, expense, and emotional distress.
If your girlfriend promised to marry you but later married someone else, do not assume that Section 69 BNS automatically provides a criminal remedy. Equally, do not assume that you have no legal rights whatsoever. The appropriate legal course depends upon the facts of your case, the evidence available, and the applicable law. Before taking any action, preserve relevant records, avoid acting impulsively, and seek professional legal advice to determine whether any legally recognised remedy is available.
Can a Man Recover Money Spent on His Girlfriend After the Breakup?
One of the most common questions men ask after the end of a relationship is: “Can I recover the money I spent on my girlfriend?”
The legal answer is it depends.
The law does not automatically allow a person to recover every amount spent during a romantic relationship simply because the relationship has ended. Whether recovery is possible depends on the nature of the payment, the understanding between the parties, and the evidence available.
The law treats gifts, loans, investments, and joint expenses differently. Therefore, every financial transaction must be examined on its own facts.
Voluntary Gifts Are Generally Not Recoverable
During a relationship, it is common for partners to exchange gifts or voluntarily spend money on each other out of affection.
Examples include:
- jewellery;
- mobile phones;
- laptops;
- birthday or anniversary gifts;
- vacations;
- restaurant bills;
- shopping expenses;
- clothing; and
- festival gifts.
Where these were voluntarily given without any agreement for repayment or return, they are generally treated as gifts. The mere fact that the relationship later ended does not ordinarily entitle the giver to recover them.
Loans Are Legally Different from Gifts
The legal position may be different where money was advanced as a loan or under a clear understanding that it would be repaid.
For example:
- transferring money to repay debts;
- financing higher education with an agreement for repayment;
- lending money to start a business;
- paying medical expenses as a loan; or
- making bank transfers accompanied by messages acknowledging repayment.
In such cases, the lender may, depending on the facts and evidence, have a legal remedy to recover the amount.
The crucial question is whether the payment was intended to be a loan or merely a voluntary expenditure during the relationship.
Evidence Is Often the Deciding Factor
If recovery of money is claimed, evidence becomes extremely important.
Useful evidence may include:
- bank statements;
- UPI transaction records;
- cheque details;
- loan agreements;
- WhatsApp chats;
- emails;
- text messages acknowledging repayment;
- account statements; and
- any other document showing the purpose of the payment.
The stronger the documentary evidence, the easier it becomes to establish the true nature of the financial transaction.
Every Financial Dispute Is Not a Criminal Case
Many people assume that if a girlfriend accepted money during the relationship and later refused to marry, a criminal case automatically arises.
That is not the legal position.
A financial dispute does not automatically become a criminal offence merely because the relationship ended. Whether any criminal liability exists depends upon the statutory ingredients of a recognised offence and the facts of the particular case.
In many situations, the dispute—if any—is civil in nature rather than criminal.
Maintain a Clear Record of Financial Transactions
One practical mistake many people make is treating every expenditure during the relationship as legally recoverable.
Before considering any legal proceedings, prepare a clear record identifying:
- money advanced as loans;
- voluntary gifts;
- joint expenses;
- investments, if any;
- repayments received; and
- the documents supporting each transaction.
This helps distinguish genuine legal claims from ordinary expenses incurred during the course of the relationship.
Consider the Practicality of Legal Proceedings
Even where a legal remedy may exist, litigation should be approached practically.
Before initiating proceedings, consider:
- the amount involved;
- the strength of the available evidence;
- the likely legal costs;
- the time required for litigation; and
- whether an amicable resolution is possible.
Not every financial dispute justifies prolonged litigation. A careful legal assessment at an early stage can help determine the most appropriate course of action.
The end of a relationship does not automatically entitle a man to recover every amount spent on his girlfriend. While voluntary gifts are generally treated differently from loans, each financial transaction must be examined independently based on its purpose, the understanding between the parties, and the available evidence. If substantial amounts of money are involved, it is advisable to preserve all financial records and obtain legal advice before initiating any proceedings. The correct remedy—if any—will depend upon the facts of the case rather than the emotional circumstances surrounding the breakup.
Can Police Register an FIR If a Man Files Such a Complaint?
Many men who believe that their girlfriend falsely promised to marry them consider approaching the police and filing an FIR.
A common question is: “Will the police register an FIR if I complain that my girlfriend promised to marry me but later married someone else?”
The answer depends on what offence is alleged and whether the complaint discloses the commission of a cognizable offence under the law.
The police cannot register an FIR merely because a person feels emotionally betrayed or because a relationship has ended.
An FIR Can Be Registered Only for a Cognizable Offence
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police register an FIR when the information received discloses the commission of a cognizable offence.
Before registering an FIR, the police examine whether the allegations, if taken at face value, satisfy the ingredients of any offence recognised by law.
If the complaint does not disclose a cognizable offence, the police are not expected to register an FIR simply because the complainant feels cheated or emotionally hurt.
Can Police Register an FIR Under Section 69 BNS?
Ordinarily, no. As discussed earlier, Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is a gender-specific provision and does not ordinarily apply where a man alleges that his girlfriend falsely promised to marry him.
Accordingly, if the complaint is based solely on the allegation that the girlfriend promised to marry, became involved in a relationship, and later refused to marry or married another person, the police cannot ordinarily register an FIR under Section 69 BNS.
The investigating agency is bound to apply the law as enacted and cannot invoke a penal provision that does not apply to the facts alleged.
Can the Police Consider Other Criminal Offences?
Every complaint must be examined on its own facts. If the allegations independently disclose the ingredients of another cognizable offence under the Bharatiya Nyaya Sanhita or any other applicable law, the police may examine whether action is warranted under that provision.
However, the mere refusal to marry, the breakdown of a relationship, or the fact that the girlfriend married another person does not automatically establish the commission of another criminal offence.
Each offence has its own statutory ingredients, and the police must assess the complaint accordingly.
What Should You Do Before Approaching the Police?
If you believe that your former girlfriend’s conduct has caused a legally actionable wrong, it is advisable to first:
- prepare a chronological account of the relationship;
- preserve WhatsApp chats, emails, and other electronic communications;
- collect bank statements, UPI records, and other financial documents, where relevant;
- identify the specific legal grievance instead of making general allegations; and
- obtain legal advice regarding the appropriate remedy.
A properly analysed case is far more likely to be addressed effectively than a complaint based solely on emotional disappointment.
Filing a False or Exaggerated Complaint Can Have Consequences
A breakup often gives rise to strong emotions, but allegations made before the police should always be truthful, accurate, and supported by facts.
Exaggerating allegations or attempting to fit a failed relationship into an inapplicable criminal provision may not only weaken your credibility but can also complicate the legal process.
Before approaching the police, ensure that the complaint is based on verifiable facts and not merely on assumptions arising from the emotional impact of the breakup.
The police can register an FIR only when the complaint discloses the commission of a cognizable offence recognised by law. Since Section 69 BNS does not ordinarily apply to allegations made by a man against his girlfriend, the police cannot ordinarily register an FIR under that provision merely because the relationship ended or the girlfriend married someone else. Before approaching the police, it is important to identify the correct legal issue, preserve relevant evidence, and understand whether the facts of the case disclose any legally recognised offence or other enforceable legal remedy.
What Evidence Should a Man Preserve?
If a relationship ends and you believe that a legal dispute may arise, one of the most important steps is to preserve relevant evidence immediately.
Whether the dispute concerns recovery of money, ownership of property, or any other legal issue, the outcome often depends upon the quality, authenticity, and reliability of the evidence rather than the allegations alone.
It is therefore advisable to preserve documents and electronic records in their original form and avoid making any alterations.
WhatsApp Chats and Text Messages
Messages exchanged during the relationship often become the most important evidence.
They may help establish:
- the nature and duration of the relationship;
- discussions regarding marriage;
- financial arrangements;
- requests for money;
- acknowledgements of loans;
- reasons for the breakup; and
- the sequence of important events.
Avoid deleting chats after the breakup. If possible, export the conversations and maintain secure backups while preserving the original messages on the device.
Bank Statements and UPI Transaction Records
If money was transferred during the relationship, preserve complete financial records.
These may include:
- bank statements;
- UPI transaction history;
- NEFT or RTGS receipts;
- cheque details;
- payment confirmations; and
- wallet transaction records.
Such documents help establish:
- the amount transferred;
- the date of payment;
- the recipient;
- the frequency of transactions; and
- whether the payments were isolated or recurring.
Evidence Showing the Purpose of the Payment
Merely proving that money was transferred is often not enough.
Where possible, preserve evidence explaining why the payment was made.
This may include:
- WhatsApp messages requesting financial assistance;
- emails discussing repayment;
- loan acknowledgements;
- messages confirming receipt of money;
- repayment schedules; or
- any communication showing that the payment was intended to be a loan rather than a gift.
The purpose of the payment often becomes more important than the payment itself.
Emails and Other Electronic Communications
Apart from WhatsApp, preserve all other relevant communications, including:
- emails;
- SMS messages;
- social media conversations;
- voice notes; and
- any other electronic correspondence relevant to the dispute.
These communications may help establish the chronology of events or clarify the intentions of the parties.
Photographs, Travel Records and Booking Details
Where relevant, preserve:
- photographs;
- hotel bookings;
- flight tickets;
- travel itineraries;
- event registrations; and
- other documents establishing the timeline of the relationship.
Such material may assist in reconstructing the sequence of events, although its legal relevance will depend upon the nature of the dispute.
Loan Documents and Financial Agreements
If money was advanced as a loan, preserve every document connected with the transaction.
Examples include:
- written loan agreements;
- promissory notes;
- acknowledgements of debt;
- repayment confirmations;
- bank correspondence; and
- any document referring to repayment obligations.
These records may become crucial if recovery proceedings are later initiated.
Prepare a Chronological Timeline
One of the simplest yet most effective steps is to prepare a detailed timeline.
Record important events such as:
- when the relationship began;
- major discussions regarding marriage;
- important financial transactions;
- meetings between families;
- the breakup; and
- subsequent events relevant to the dispute.
A clear chronology often helps lawyers evaluate the case more efficiently and identify legally significant issues.
Preserve Evidence Lawfully
While preserving evidence is advisable, do not obtain evidence through illegal means.
For example, avoid:
- accessing another person’s phone or email account without permission;
- recording private information unlawfully;
- impersonating another person;
- fabricating chats or documents;
- editing screenshots; or
- altering electronic records.
Evidence obtained illegally or manipulated after the event may have little evidentiary value and may itself create legal complications.
Do Not Publish Private Evidence on Social Media
Many people react emotionally after a breakup by posting private chats, photographs, or videos online to expose or embarrass their former partner.
This is a serious mistake.
If the material is legally relevant, it should be preserved for use in legal proceedings, not circulated publicly. Publishing private communications may lead to separate legal disputes and can significantly weaken your own legal position.
If you believe a legal dispute may arise after the end of your relationship, preserve evidence before it is lost. Maintain original WhatsApp chats, financial records, emails, loan documents, photographs, and other relevant communications. Organise them chronologically, avoid altering or fabricating any material, and do not publish private evidence on social media. Well-preserved, authentic evidence is often far more valuable than emotional allegations and can make a significant difference when determining whether any legal remedy is available.
Common Mistakes Men Make After a False Promise of Marriage by a Girlfriend
The end of a serious relationship often brings emotional pain, frustration, and disappointment. In that state of mind, many men make decisions that not only weaken their legal position but may also expose them to separate legal complications.
If you believe your girlfriend falsely promised to marry you, it is important to respond calmly, lawfully, and strategically rather than emotionally.
The following are some of the most common mistakes to avoid.
Assuming Every Broken Promise to Marry Is a Criminal Offence
One of the biggest misconceptions is that every promise to marry which is not fulfilled automatically becomes a criminal case.
Relationships may end because of:
- family opposition;
- incompatibility;
- career opportunities;
- relocation;
- financial circumstances;
- mutual disagreements; or
- a genuine change of intention.
The law distinguishes between a failed relationship and a legally actionable wrong. Before considering legal action, it is essential to understand whether any recognised legal right has actually been violated.
Believing That Section 69 BNS Applies to Their Situation
Many men search online for “false promise of marriage by girlfriend” and assume that Section 69 BNS can be invoked against a woman.
As explained earlier, Section 69 BNS does not ordinarily provide a criminal remedy to a man against his girlfriend. Filing complaints under an inapplicable provision often leads to unnecessary delay, frustration, and false expectations.
The first step should always be to identify the correct legal remedy instead of trying to fit the facts into a particular statutory provision.
Threatening, Harassing or Stalking the Former Partner
After a breakup, some individuals repeatedly:
- call or message their former partner;
- visit her residence or workplace;
- threaten to expose private information;
- pressure her to resume the relationship; or
- attempt to force marriage.
Such conduct may itself create legal consequences and can significantly weaken any legitimate legal position that may otherwise exist.
If the relationship has ended, communication should remain lawful, respectful, and limited to what is genuinely necessary.
Publishing Private Chats or Photographs on Social Media
Posting WhatsApp conversations, personal photographs, videos, or private information online to shame or embarrass a former partner is a serious mistake.
If such material is legally relevant, it should be preserved for use in appropriate legal proceedings—not published on social media.
Public disclosure of private communications may expose the person posting them to separate legal proceedings and often causes unnecessary escalation of the dispute.
Deleting Important Evidence
Many people delete chats, emails, photographs, or financial records immediately after a breakup out of anger or frustration.
Doing so may destroy evidence that later becomes important in establishing:
- financial transactions;
- the chronology of events;
- repayment arrangements; or
- the nature of the relationship.
Instead of deleting evidence, preserve it in its original form and maintain secure backups wherever possible.
Treating Every Expense as Legally Recoverable
Another common mistake is assuming that every amount spent during the relationship can be recovered through legal proceedings.
The law treats:
- voluntary gifts;
- loans;
- joint expenses;
- investments; and
- shared living costs
differently.
Before initiating any legal action, identify the nature of each payment and the evidence supporting your claim. Not every financial expenditure creates a legally enforceable right.
Relying Solely on Social Media or Internet Advice
Every relationship is different.
Advice found on YouTube videos, social media reels, online forums, or messaging groups may not accurately reflect the current legal position or the specific facts of your case.
Legal remedies depend upon the applicable law, the available evidence, and the individual circumstances. Professional legal advice should always be based on the facts of the particular case.
Approaching the Police Without Understanding the Law
Many men go directly to the police believing that an FIR must be registered because they were emotionally or financially hurt.
However, the police can register an FIR only if the complaint discloses the commission of a cognizable offence recognised by law.
Before approaching the police, it is advisable to understand whether the facts actually disclose any legally recognised offence and whether the chosen legal remedy is appropriate.
Delaying Legal Advice
Some individuals wait for months or even years before seeking legal advice.
During this period:
- electronic evidence may be lost;
- financial records may become difficult to obtain;
- witnesses may become unavailable; and
- important facts may be forgotten.
Seeking legal advice at an early stage helps preserve evidence, identify the appropriate legal remedy, and avoid unnecessary procedural mistakes.
Allowing Emotions to Dictate Legal Decisions
Perhaps the biggest mistake is allowing anger, disappointment, or revenge to determine legal strategy.
The law is based on facts, evidence, and statutory provisions, not on emotional reactions.
Before taking any legal step, ask yourself:
- What exactly is my legal grievance?
- What evidence supports my claim?
- Which legal remedy, if any, applies to my situation?
Approaching the matter objectively often leads to better legal decisions and avoids unnecessary litigation.
The end of a relationship is emotionally painful, but legal decisions should never be driven by emotion alone. If you believe your girlfriend falsely promised to marry you, understand the applicable law, preserve all relevant evidence, distinguish between gifts and loans, avoid threats, harassment, or public accusations, and obtain professional legal advice before initiating any proceedings. The strongest legal cases are built on facts, credible evidence, and the correct legal remedy—not on assumptions or emotional reactions.
Myth vs Reality: False Promise of Marriage by Girlfriend
There are several misconceptions about the legal rights of men after the breakdown of a relationship. Much of the confusion arises from social media posts, incomplete legal advice, and the mistaken belief that every failed relationship gives rise to a criminal case.
The following table separates common myths from the actual legal position.
| Myth | Reality |
|---|---|
| My girlfriend promised to marry me, so I can automatically file an FIR. | Incorrect. An FIR can be registered only if the complaint discloses the commission of a cognizable offence recognised by law. A broken relationship alone does not automatically justify an FIR. |
| Section 69 BNS applies equally to men and women. | Incorrect. As the law presently stands, Section 69 BNS is a gender-specific provision and does not ordinarily permit a man to prosecute his girlfriend for an alleged false promise of marriage. |
| Every broken promise to marry is a criminal offence. | Incorrect. Relationships may end for genuine reasons such as family opposition, incompatibility, career choices, relocation, or a change in circumstances. A failed relationship is not automatically a criminal case. |
| If my girlfriend married someone else, she has committed an offence. | Not necessarily. Marrying another person after the end of a relationship does not, by itself, establish criminal liability. The legal position depends upon the applicable law and the specific facts of the case. |
| I can recover every rupee I spent during the relationship. | Incorrect. The law distinguishes between voluntary gifts, loans, investments, and shared expenses. Not every payment made during a relationship is legally recoverable. |
| Every financial dispute is a criminal matter. | Incorrect. Many disputes involving money are civil in nature. Criminal liability arises only where the statutory ingredients of a recognised criminal offence are established. |
| The police must register my complaint because I feel cheated. | Incorrect. The police examine whether the complaint discloses a cognizable offence. Emotional distress alone does not require registration of an FIR. |
| Publishing WhatsApp chats on social media will strengthen my case. | Incorrect. Private communications should be preserved as evidence, not published online. Public disclosure may create additional legal issues and weaken your own legal position. |
| Internet advice is enough to decide whether I have a legal case. | Incorrect. Every relationship is different. The availability of a legal remedy depends on the facts, the evidence, and the applicable law. Professional legal advice should always be based on the circumstances of the individual case. |
| If Section 69 BNS does not apply, I have no legal rights at all. | Incorrect. Although Section 69 BNS may not ordinarily apply, other civil or criminal remedies may still be available depending on the facts, the nature of the dispute, and the evidence. |
The Bottom Line
The biggest misconception is that every false promise of marriage by a girlfriend automatically creates a criminal case. That is not the present legal position in India.
Before taking any legal action, it is important to distinguish between:
- a failed relationship;
- a broken promise;
- an emotional grievance;
- a civil dispute; and
- a legally recognised criminal offence.
Understanding these distinctions helps avoid unnecessary litigation, protects your legal rights, and ensures that any action taken is based on the correct legal remedy rather than common misconceptions.
Frequently Asked Questions (FAQs)
Can a man file an FIR against his girlfriend for a false promise of marriage?
Ordinarily, no. Under the present legal framework, a man cannot ordinarily invoke Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) against his girlfriend for an alleged false promise of marriage. An FIR can be registered only where the complaint discloses the commission of a cognizable offence recognised by law.
Can a man file a case under Section 69 BNS against his girlfriend?
Generally, no. Section 69 BNS is a gender-specific criminal provision and does not ordinarily create a corresponding offence applicable to a woman who allegedly made a false promise of marriage to a man.
My girlfriend promised to marry me but married someone else. Is it a criminal offence?
Not necessarily. A relationship ending or a girlfriend marrying another person does not automatically amount to a criminal offence. The legal position depends upon the applicable law, the facts of the case, and whether the ingredients of any recognised offence are satisfied.
Does every broken promise to marry amount to a criminal offence?
No. Relationships may end due to family pressure, incompatibility, career choices, relocation, financial circumstances, or a genuine change of intention. Every broken promise does not automatically create criminal liability.
Can I recover the money I spent on my girlfriend?
It depends. If the money was advanced as a loan or under a legally enforceable arrangement, recovery may be possible depending on the available evidence. However, voluntary gifts and ordinary relationship expenses are generally treated differently.
Can I recover gifts such as jewellery, a mobile phone, or expensive items?
Not automatically. Where such items were voluntarily gifted without any agreement for return or repayment, they are generally not recoverable merely because the relationship has ended.
Can I file a cheating case against my girlfriend?
Not merely because she refused to marry. Every criminal offence has separate statutory ingredients. Whether any other criminal provision applies depends entirely upon the specific facts and evidence available in the case.
Will the police register my complaint?
The police can register an FIR only if the complaint discloses the commission of a cognizable offence under the applicable law. Emotional betrayal or the end of a relationship alone does not automatically require registration of an FIR.
What evidence should I preserve after the breakup?
You should preserve WhatsApp chats, emails, bank statements, UPI transaction records, loan documents, photographs, travel records, and any other documents relevant to financial transactions or the chronology of the relationship. Original records should be preserved wherever possible.
Should I post WhatsApp chats or photographs on social media?
No. If such material has legal relevance, it should be preserved as evidence and produced before the appropriate authority or court if required. Publishing private communications online may create separate legal issues.
Should I immediately send a legal notice to my former girlfriend?
Not necessarily. The appropriate legal remedy depends upon the nature of the dispute. Before issuing a legal notice or initiating any proceedings, it is advisable to understand your legal rights and seek professional legal advice.
What if my girlfriend broke up because of family pressure?
Family pressure is one of the many reasons why relationships may end. Such circumstances do not automatically establish criminal liability. Every case must be examined on its own facts.
Does the law provide a remedy for emotional betrayal?
Emotional betrayal alone does not automatically create a legal cause of action. Courts grant relief only where a recognised legal right has been violated and the applicable legal requirements are satisfied.
Can I force my girlfriend to marry me through legal proceedings?
No. Indian law does not permit a person to compel another adult to marry against their free will. Marriage requires the voluntary consent of both parties.
Should I consult a lawyer before taking legal action?
Yes. Every relationship dispute is fact-specific. A lawyer can evaluate the evidence, identify the appropriate legal remedy, and advise whether any legally sustainable claim exists before you initiate proceedings.
Related Guides
If you are researching false promise of marriage by a girlfriend, you may also find the following legal guides helpful. Together, these articles explain the scope of Section 69 BNS, police investigations, bail, judicial principles, and the legal remedies available under Indian law.
Understanding Section 69 BNS
- What Is Section 69 BNS? – Complete Legal Guide
- Essential Ingredients of Section 69 BNS
- Punishment Under Section 69 BNS
- False Promise to Marry vs. Breach of Promise to Marry
Police Investigation and Criminal Procedure
- What Happens After an FIR Under Section 69 BNS?
- Police Investigation in Section 69 BNS Cases
- Can Police Arrest Without Evidence in Section 69 BNS Cases?
- Charge Sheet in Section 69 BNS Cases
- Closure Report in Section 69 BNS Cases
Bail and Court Proceedings
These guides are designed to help readers understand the law step by step—from the statutory framework and judicial principles to police procedure, bail, evidence, and practical legal strategy. Reading them together will provide a comprehensive understanding of Section 69 BNS and the legal issues arising from allegations relating to false promises of marriage.
Conclusion
The breakdown of a relationship can leave a person emotionally, financially, and psychologically distressed. When a girlfriend repeatedly promises to marry but later ends the relationship or marries someone else, it is natural for a man to feel betrayed and to look for legal remedies.
However, the law does not treat every failed relationship as a criminal offence.
As the law presently stands, Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) does not ordinarily permit a man to file an FIR against his girlfriend for an alleged false promise of marriage. The scope of the provision is determined by the statutory language enacted by Parliament, and criminal courts are bound to apply the law as it exists rather than extend it to situations not covered by the statute.
This does not mean that every man is without legal protection. Depending on the facts, issues relating to loans, financial transactions, property, contractual obligations, or other legally recognised rights may require separate legal examination. At the same time, many relationships end because of genuine changes in circumstances, family pressure, incompatibility, or mutual decisions, without giving rise to any legal proceedings.
If you believe you have suffered a legal wrong after the end of a relationship:
- understand the applicable law before taking any action;
- preserve WhatsApp chats, financial records, and other relevant evidence;
- avoid threats, harassment, or publishing private information online;
- distinguish between emotional grievances and legally enforceable rights; and
- seek professional legal advice to identify the appropriate remedy, if any.
The most important lesson is this: not every broken promise is a criminal offence, and not every emotional betrayal creates legal liability. Understanding this distinction will help you make informed decisions, avoid unnecessary litigation, and pursue the correct legal remedy where one genuinely exists.
If you would like to learn more about Section 69 BNS, police investigations, bail, judicial principles, and related legal issues, explore the other in-depth guides available on Section69BNS.com, where each topic is explained in a practical, legally accurate, and reader-friendly manner.
The information provided in this article is general in nature and should not be construed as legal advice. If you require further information or legal assistance, you may contact us at section69bns@gmail.com. Readers who wish to stay updated on developments related to Section 69 BNS, may join our legal awareness community on WhatsApp by clicking here.
