“I Was Married But He Promised to Marry Me” Doesn’t Hold Up

“I Was Married But He Promised to Marry Me” Doesn’t Hold Up in Court. Yes, you read it right. Kerala High Court rules that married women can’t claim rape under false promise of marriage.

In a significant ruling, the Kerala High Court has clarified that a married woman cannot claim she was raped under a false promise of marriage, since such a promise is legally unenforceable in her case. The Court held that if the woman was already married, any so-called promise of marriage by another man is void from the start, and therefore cannot be the basis for alleging rape or sexual coercion.

The Court quashed the FIR registered against the accused under Section 376 IPC, equivalent to Section 69 BNS in the new criminal law, on the ground that the relationship appeared consensual and the complaint was an afterthought.

Background of the Case

The petitioner (accused) had filed a petition under Section 482 of the Code of Criminal Procedure seeking quashing of the FIR registered against him under Section 376 of the Indian Penal Code (IPC). The complainant, a married woman, alleged that the petitioner established a sexual relationship with her on the basis of a false promise of marriage.

It was the petitioner’s case that the relationship was consensual and had continued for a considerable period. The FIR was filed only after the relationship soured. The petitioner contended that no offence under Section 376 IPC was made out since the complainant was legally married to another person at the time of the alleged promise.

The Case: A Married Woman. A Promise. An FIR for Rape.

She was married.
She had a long-term relationship with another man.
She later accused him of raping her by making a false promise of marriage.

But here’s the curveball:
👨‍⚖️ The Kerala High Court saw through it — and quashed the FIR.

Why?

Because the promise itself was legally impossible. A married woman can’t claim she was misled into sex based on a promise that had no legal legs to stand on.

Let that sink in.

What the Kerala High Court Actually Said

The Hon’ble Justice Kauser Edappagath said it loud and clear:

“A married woman cannot be heard to say that she was induced into a sexual relationship on a false promise of marriage, as such a promise cannot be legally enforceable in her case.”

Translation?
👉 If you’re already married, someone else’s promise to marry you is null from day one.
👉 So any consent you gave — cannot be “vitiated” or turned into rape later.

That’s not just legal logic.
That’s common sense – backed by judicial backing.

What This Means for Section 69 BNS

Let’s stop pretending Section 69 BNS is a free pass for emotional revenge.

• Being in a consensual relationship does not magically become rape because it ended.

• If you were already married, don’t weaponise a fake promise that could never have been fulfilled.

• Courts are done with the drama. They’re asking for facts, not feelings.

This ruling is more than case law — it’s a reality check.

 Read: What Does Section 69 BNS Say? Full Legal Breakdown and Explanation

How to Use This Judgment in False Allegation Cases

If you’re facing a Section 69 BNS case where:

• The complainant is married, or

• The relationship was mutual and long-standing, or

• The FIR came only after things went south…

This ruling gives you leverage. Here’s your playbook:

✅ Challenge the legal impossibility of the promise
✅ Highlight consent and mutuality
✅ Expose the emotional motive behind the FIR
✅ File for anticipatory bail or FIR quashing citing this case
✅ Document everything – chats, messages, context

No noise. No fear. Just facts.

Final Verdict

The Kerala High Court just said what many courts have been hinting for years:
Broken relationships are not criminal cases.

Section 69 BNS was never meant to avenge hurt feelings. It was meant to protect women from real deception — not to punish men for failed romances.

And if you’re being falsely accused — it’s not just about defending yourself.
It’s about fighting misuse of law. And we’re right there with you.

What You Should Do If You’re Falsely Accused

If you’re a man facing false allegations under Section 69 BNS for a false promise of marriage, especially if the complainant is married, this judgment may strengthen your defence.

Here’s how you can respond:

1. Document the nature of the relationship – was it consensual?

2. Gather digital evidence – messages, photos, emails.

3. Highlight legal impossibility – if she was already married.

4. Apply for FIR quashing or anticipatory bail – citing this ruling.

5. Consult a legal expert – who understands misuse of Section 69 BNS.

Our View

The Kerala High Court has clarified an important aspect of law concerning false promise of marriage cases and its applicability to Section 69 BNS, the new provision in the Bharatiya Nyaya Sanhita, 2023. The ruling affirms that consent based on a promise with no legal feasibility cannot form the foundation of a rape allegation.

This judgment is significant because:

• It draws a firm legal boundary between relationship breakdowns and criminal conduct.

• It protects individuals from malicious prosecution arising out of personal disputes in consensual relationships.

• It sets a precedent that married complainants cannot weaponise Section 69 BNS on the ground of non-fulfilment of a marriage promise.

The ruling can be invoked in similar cases under BNS Section 69, where the complainant’s existing marital status invalidates the alleged inducement.

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.

📘 Accused under Section 69 BNS? You’re not alone.
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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.