This guide explains everything in simple words about Section 69 BNS - False Promise to Marry.
Section 69 BNS and “Rape on Promise of Marriage” – Explained
Cases based on “promise of marriage” of Section 69 under the Bharatiya Nyaya Sanhita, 2023 (BNS) are increasing in Metropolitan cities like Delhi, Noida, Gurugram, Hyderabad and Bangalore. Many people are confused about whether such cases are rape or something else and how Indian criminal law treats sexual relationships involving allegations of deception—especially those based on promises of marriage..
What Section 69 Actually Covers - Promise to Marry.
Section 69 creates a separate offence for situations where sexual intercourse occurs through “deceitful means,” including a false promise to marry, but explicitly states that such conduct does not amount to rape.
However, the law clearly distinguishes such cases from rape. Unlike earlier interpretations under the Indian Penal Code, these situations are now treated as a separate category of offence, not rape.
Section 69 says that if a person has a physical relationship with someone by using deceit (cheating or false promise), it can be a crime.
This includes cases where:
Someone promises to marry, but later refuses
Key Factor to Consider: Intention at the Time of Promise
A crucial factor in applying Section 69 is determining whether the promise to marry was false from the very start.
- If the accused never intended to marry from the start, it can be a crime.
- If the relationship ended due to personal or family reasons later, it may not attract criminal liability
This distinction plays a major role in:
- Bail applications
- FIR quashing petitions
- Trial defence strategies
Landmark Judgments on Section 69
Mahesh Damu Khare v. State of Maharashtra (2024)
The Supreme Court of India, in the case of Mahesh Damu Khare v. State of Maharashtra (2024), explained that an offence is made out only when the physical relationship is based entirely on a promise of marriage.
The Court said that this promise must have been made from the very beginning, and the person making it should have no real intention to marry at all.
It also made it clear that simply breaking a promise to marry is not a crime by itself. The promise must be the main reason why the relationship existed in the first place.
Common Situations and Court Point of view.
One of the major criticisms of Section 69 is that it allows consent to be questioned after the relationship ends, based on whether a future promise (marriage) was fulfilled.
- Long-term relationships ending in disputes.
- Breakup turns into a legal dispute.
- Family opposition to marriage.
- Financial or social incompatibility.
- Allegations made after breakup or refusal to marry.
Courts carefully analyze evidence such as chats, messages, and conduct of both parties.
What do Courts say?
Courts, including the High Court, have made one thing clear:
The court checks:
Was the relationship mutual (consensual)?
Was the promise of marriage real or fake from the beginning?
Was there any pressure or cheating?
Most Important Point: Intention.
The biggest question in these cases is:
Did the person really intend to marry at the start?
If the person never wanted to marry, it can be a crime.
If the relationship failed later due to fights, family issues, or personal reasons, it may not be a crime.
According to the Court, every failed relationship is not a crime.
Practical Challenges in Enforcement
Section 69 also introduces several legal and evidentiary difficulties:
- Proving intention: Establishing what a person intended at the beginning of a relationship is legally complex.
- Confusion in Law: The meaning of “deceit” is wide, so every case depends on facts.
- Risk of misuse: Sometimes, cases are filed after breakup due to anger or pressure.
Courts have already started distinguishing between:
- Genuine cases of deception.
- And relationships that simply did not work out.
Why This Law Matters
Section 69 reflects an attempt to balance two competing concerns:
- Protecting individuals from exploitation through false promises.
- Preventing the misuse of serious criminal provisions in consensual relationships.
- Criminal law should not be used to settle personal disputes.
However, genuine cases of deception are still taken seriously.
Simple Legal Understanding
- A broken promise is not always a crime.
- A mutual relationship is not illegal.
- But intentional cheating can be punished.
Legal Remedies Available in Section 69 Cases.
Anticipatory Bail
To avoid arrest, especially in the early stage of FIR registration.
FIR Quashing
Filing a petition before the High Court if the relationship was consensual and no offence is made out.
Regular Bail
If already arrested, immediate legal intervention is critical.
Strong Trial Defence
Using evidence like communication records, travel history, and witness statements.
Legal Text of Section 69 BNS:
Section 69 – Sexual intercourse by deceitful means, etc.
“Whoever, by deceitful means or by making a false promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.”
Why Section 69 BNS is Controversial:
Since it came into effect on 1 July 2024, Section 69 of BNS has led to strong discussions among lawyers, courts, and the public.
Main concerns are:
- Chances of misuse
Like Section 498A and Section 376 of the IPC have faced criticism in the past, there are concerns that Section 69 may also be misused in some cases, especially after relationship disputes. - Gender bias issues
The law is currently framed in a way where it applies to women as victims and men as accused, which has raised questions about equal treatment under the law. - Challenge in Court
A petition has already been filed before the Kerala High Court questioning whether Section 69 is constitutionally valid.
Conclusion
Section 69 of the Bharatiya Nyaya Sanhita is one of the most misunderstood provisions in India’s new criminal law. It is also often claimed to be misused in certain situations.
If you are dealing with such a case, it is important to act quickly—taking legal advice at an early stage can make a big difference in your defence.