Meaning of False Promise of Marriage under Section 69 BNS
What is a false promise of marriage under Section 69 BNS in India? Understand its legal meaning, ingredients, court tests & defenses.
With the enforcement of Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, a new legal debate has emerged: What exactly qualifies as a “false promise of marriage”?
If you’re facing a case, or simply trying to understand the law, this article explains in plain language what the courts look for while deciding whether a promise to marry was genuinely made, or deceitfully given.
Meaning of False Promise of Marriage under Section 69 BNS
The term “false promise of marriage” refers to situations where a man induces a woman into a sexual relationship by promising marriage, but without ever having the real intention to fulfill that promise.
The focus of the law is on the accused’s intention at the time of making the promise.
It’s not enough that the marriage didn’t happen.
The prosecution has to prove that:
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The promise was false from the very beginning, and
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The accused never intended to marry at all, and
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The woman consented to the sexual relationship only because of that promise
Important Legal Ingredients:
For a valid case under Section 69 BNS based on a false promise of marriage, courts generally look for:
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Existence of a Promise:
There must be clear evidence (oral, written, digital) that the accused promised marriage. -
No Intention to Fulfil:
The accused never intended to marry, right from the beginning. -
Induced Consent:
The woman’s consent for sexual relations happened only because of that promise. -
Proof of Deceit:
There should be some supporting material (chats, messages, witness statements) that shows the promise was deceitful.
Example Scenarios:
| Scenario | Is it Section 69 BNS? |
|---|---|
| A man enters a relationship and later breaks up due to genuine reasons (family pressure, incompatibility, etc.) | NO |
| A man promises marriage only to exploit the woman sexually, with no intention of marrying from day one | YES |
| Both parties had consensual intimacy over a long relationship, but marriage didn’t happen later | Depends on facts – court will check intention at the time of promise |
What Evidence Do Courts Look At?
To prove a false promise of marriage under Section 69 BNS, courts often examine:
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WhatsApp / SMS conversations
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Social media chats
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Witness testimonies
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Any written communication discussing marriage
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Timeline of the relationship
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Behavior of the accused before and after the alleged promise
What if the Relationship Was Genuine but Didn’t Work Out?
This is one of the most common defenses in Section 69 BNS cases.
If the accused had a genuine intention to marry, but later couldn’t proceed due to circumstances (family opposition, financial issues, etc.), then Section 69 BNS should not apply.
Key Point:
The law punishes intentional deception, not failed relationships.
Important Court Observations (From Older IPC Era, but Still Relevant):
Before BNS came into effect, Indian courts under IPC Section 376 often ruled that:
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A breach of promise is not the same as a false promise.
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The intention of the accused at the time of making the promise is the deciding factor.
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Mere failure to fulfill a marriage promise doesn’t automatically attract criminal liability.
These judicial principles will continue to influence how courts handle Section 69 BNS cases today.
👉 If you’re new to this topic, you may also want to read our detailed article on What is Section 69 BNS in India? Full Legal Explanation.
Conclusion:
Understanding what counts as a “false promise of marriage” under Section 69 BNS is crucial, especially if you’re facing allegations.
Every case turns on its facts, evidence, and intention.
If you or someone you know has been accused under Section 69 BNS, it’s important to speak to an experienced criminal defense lawyer immediately.
If you’re falsely accused under Section 69 BNS for false promise of marriage, don’t guess your next move. Know your rights. Know the law. Know what doesn’t fly in court anymore.
False allegations escalate quickly. So should your understanding of the legal process. When the law is misused, silence isn’t strategy – timely awareness is.
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Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should not act or refrain from acting based on any information on this site without seeking professional legal advice.