How to Prove False Promise of Marriage

The legal framework concerning false promises of marriage has gained significant attention in India, especially with the introduction of Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023. The provision criminalises sexual intercourse obtained through deceitful means, including a false promise of marriage. However, proving that a promise was made fraudulently and with no intent to fulfil it remains a complex task in the legal domain.

This article explores the legal grounds for proving a false promise of marriage, the evidentiary requirements, the role of consent, landmark case laws, and the challenges faced by the complainant.

Understanding the Concept: False Promise vs Breach of Promise

A false promise of marriage is distinguished from a mere breach of promise based on intent at the time of making the promise. The Supreme Court of India has clarified this distinction in various rulings:

1. False Promise: A promise given with the knowledge and intent that it will be broken later to deceive the victim into a sexual relationship.
2. Breach of Promise: A promise made in good faith, but later not fulfilled due to unforeseen circumstances such as family opposition, financial instability, or personal reasons.

Key Legal Provisions

• Indian Penal Code (IPC), 1860: The IPC does not explicitly define false promises of marriage but deals with such cases under Section 375 (rape) and Section 90 (invalid consent due to misconception of fact).
• Bharatiya Nyaya Sanhita (BNS), 2023: Section 69 introduces a specific provision for sexual intercourse by employing deceitful means, which includes false promises of marriage.

Essential Elements to Prove a False Promise of Marriage

To establish a case under Section 69 of BNS or Sections 375 and 90 of IPC, the complainant must prove the following elements:

Existence of a Promise of Marriage

The complainant must demonstrate that the accused explicitly or implicitly promised to marry her before engaging in a sexual relationship. This promise can be:

• Verbal: Statements made in person, over calls, or in front of witnesses.
• Written: Text messages, emails, letters, or social media conversations where marriage was discussed as a definite plan.
• Conduct-based: Engagement ceremonies, meeting family members, or any steps taken that indicate an intention to marry.

Promise was Made with Fraudulent Intent

The prosecution must establish that the accused never intended to marry the complainant at the time of making the promise. This is the most challenging part of proving false promises of marriage. Courts generally look at:

• Prior relationships of the accused: If the accused was already married or in a committed relationship, this may indicate fraudulent intent.
• Pattern of behaviour: Whether the accused has previously engaged in similar deceptive acts with other women.
• Sudden and unjustified withdrawal from marriage: If the accused abruptly breaks off the engagement without valid reasons, courts may infer deceit.

Sexual Intercourse was Obtained Based on the Promise

It must be shown that the complainant would not have consented to the sexual relationship had the accused not promised marriage. Courts evaluate:

• Complainant’s social and personal circumstances: If the victim belongs to a conservative background where premarital sex is unacceptable, the reliance on a promise of marriage becomes more evident.
• Lack of consent in other circumstances: If coercion, force, or threats were involved, it strengthens the claim of deception.

Withdrawal from Marriage with No Justifiable Reason

Merely breaking an engagement does not constitute an offence. The complainant must prove that the accused withdrew from marriage with no valid reason. If the accused cites:

• Family opposition (inter-caste, religious differences),
• Financial difficulties,
• Mutual incompatibility,

Then it may be considered a breach of promise, not a false promise.

Evidence Required to Prove a False Promise of Marriage

The burden of proof lies on the complainant. Courts require substantial evidence to support the claim, including:

Electronic and Documentary Evidence

• Text messages, WhatsApp chats, emails, or letters indicating the promise to marry.
• Photographs, videos, or engagement invitations proving a commitment.
• Bank transactions, gifts, or monetary exchanges suggesting an assurance of marriage.

Witness Testimonies

Family members, friends, or colleagues who witnessed discussions about marriage. Individuals who were part of any pre-wedding preparations or engagements.

Medical and Psychological Reports

If the complainant has suffered mental trauma due to deception, psychiatric evaluations can substantiate emotional distress. Medical reports proving pregnancy or forced abortion due to false promises can strengthen the case.

Previous Conduct of the Accused

If the accused has a history of making false promises to multiple women, this can establish a pattern of deceit. Prior complaints or legal cases against the accused for similar offences.

Landmark Cases on False Promise to Marry

Mandar Deepak Pawar v. State of Maharashtra (2022)

The Supreme Court ruled that for a false promise to marry to be considered an offence, the intent to deceive must exist from the beginning. If a relationship fails due to genuine reasons, such as unforeseen circumstances or mutual incompatibility, it does not amount to rape under the law.

Sonu alias Subhash Kumar v. State of U.P. (2019)

The Supreme Court clarified that a false promise must have a direct nexus to the victim’s consent to engage in sexual relations. A genuine failure to marry due to later developments, such as family opposition or financial issues, does not constitute a criminal offence.

Pramod Suryabhan Pawar v. State of Maharashtra (2019)

The court distinguished between an honest promise that could not be fulfilled and a deliberate deception. If a man initially intended to marry but later changed his mind due to valid reasons, it is not an offence. However, if the promise was never genuine and was made solely to obtain consent for sexual relations, it amounts to rape under IPC.

Conclusion

Proving a false promise of marriage is legally challenging but essential to prevent exploitation. Courts require strong evidence, clear intent, and a direct connection between the promise and the victim’s consent. The introduction of Section 69 in BNS, 2023, provides a clear legal framework for handling such cases, but judicial scrutiny remains crucial to ensure fair justice.