False promise of marriage’: HC questions legality of provision...News New

False promise of marriage’: HC questions legality of provision...News New

The Orissa High Court has recently raised significant concerns regarding the criminalization of sexual relationships based on a "false promise of marriage," questioning the underlying assumptions and potential misuse of such legal

High Court's Observations

In a judgment dated February 14, 2025, Justice Sanjeeb Kumar Panigrahi of the Orissa High Court emphasized that the presumption that a woman engages in intimacy solely as a precursor to marriage is a patriarchal notion, not a principle of justice. He stated that the law should not become an instrument of moral policing and must recognize women's autonomy and sexual agency. The court was addressing a petition to quash criminal proceedings against a man accused of engaging in a nine-year relationship with a woman under the pretext of marriage. (Live Law, The Times of India)

Legal Context and Developments

Traditionally, cases involving false promises of marriage have been prosecuted under Sections 375 and 90 of the Indian Penal Code (IPC), interpreting consent obtained under a misconception of fact as invalid. However, the recently introduced Bharatiya Nyaya Sanhita (BNS), effective from July 1, 2024, specifically addresses this issue. Section 69 of the BNS criminalizes sexual intercourse obtained by deceitful means, including false promises of marriage, prescribing imprisonment of up to ten years and a fine. (The Indian Express, The Hindu, Live Law)

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Diverse Judicial Perspectives

Courts across India have exhibited varying interpretations of such cases:

• Madras High Court: Emphasized the need to prevent misuse of laws against men, asserting that courts must ensure innocent individuals are not victimized. (Bar & Bench)

• Madhya Pradesh High Court: Ruled that a married woman cannot claim her consent was obtained through a false promise of marriage, as such a promise is legally untenable. (Hindustan Times)

• Kerala High Court: Quashed a rape case where the complainant, a married woman, alleged a false promise of marriage, stating that such a promise is legally impossible and cannot constitute rape. (lbeat)

Constitutional Challenges

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Section 69 of the BNS has faced constitutional challenges on grounds of gender bias and discrimination against the LGBTQ+ community. A petition filed in the Kerala High Court argues that the provision criminalizes only men's actions, ignoring the possibility of women making deceitful promises, and fails to protect LGBTQ+ individuals. (Live Law, The Times of India)

Conclusion

The discourse around criminalizing sexual relationships based on false promises of marriage is evolving, with courts and legal experts advocating for a nuanced approach that balances protection against exploitation with the recognition of individual autonomy and consent. The introduction of Section 69 in the BNS marks a significant development, but its interpretation and application continue to be subjects of legal scrutiny and debate.(Live Law)