Understanding Rape Charges Under the False Promise of Marriage: Legal Insights

In recent years, the Indian judiciary has been grappling with a complex issue — the misuse of rape charges in cases where a prolonged consensual relationship turns sour, often with allegations of a false promise to marry. The Supreme Court has expressed concern over this trend, urging a careful examination of the facts before criminalizing what may otherwise be a consensual relationship. This article delves into the legal nuances of when a promise to marry can vitiate consent in sexual relations, and how such cases are being interpreted by the courts.

What is a False Promise to Marry?

• A false promise to marry refers to a situation where one person convinces another to engage in a sexual relationship by making a promise to marry, with no intention of fulfilling that promise. In legal terms, this constitutes a misconception of fact, meaning that the person consenting to sexual relations is under a false belief that marriage is imminent or promised. The false promise is made with the intention to deceive, and it is this deception that vitiates the consent.
• This is distinct from a breach of promise to marry, which occurs when one party genuinely intended to marry but is unable to do so due to unforeseen circumstances, such as a change in personal or social conditions. A breach does not necessarily amount to a misconception of fact, and it does not always lead to criminal liability

When Can a Promise to Marry Be Considered 'False'?

The distinction between a false promise and an unfulfilled promise is crucial. According to the Supreme Court's ruling in Pramod Suryabhan Pawar v. State of Maharashtra (2019), for a promise to marry to be considered false, it must be made in bad faith, with no intention of being fulfilled at the time it was given. The court laid down two essential conditions for a promise to be deemed false:

• The promise must have been made with the intent to deceive the woman and without any intention of actually marrying her.
• The promise must be directly relevant to the woman’s decision to engage in sexual activity, i.e., the sexual consent was vitiated by the false promise of marriage. Thus, if the promise was made in good faith but was later broken due to changing circumstances, it does not qualify as a false promise under the law. The woman's consent to sex in such cases would not be considered vitiated by a misconception of fact.

How Can a Sexual Relationship Under the Pretext of 'False Marriage' Be Considered an Offence of Rape?

The offense of rape under Section 375 of the Indian Penal Code (IPC) is committed when a man engages in sexual intercourse with a woman without her consent. However, Section 90 of the IPC clarifies that consent obtained under a misconception of fact is not valid consent.

In cases where a woman consents to sexual relations based on a false promise of marriage, she is under the misconception that marriage is a certainty. As such, if the man has no intention of marrying her, his actions can be considered deceitful. In these situations, the woman’s consent is vitiated because it was obtained under the false belief that marriage would follow. This constitutes rape

For example, in the case of Pramod Pawar (2019), the Supreme Court ruled that when a man promises to marry but has no intention of doing so at the time of making the promise, and the woman engages in sexual relations based on that promise, the woman's consent is not free, and the man can be charged with rape under Section 375 IPC.

Breach of Promise to Marry Does Not Constitute Rape

A breach of promise to marry, on the other hand, does not automatically equate to rape. In Niam Ahmed v. State (NCT of Delhi) (2023), the Supreme Court clarified that a genuine promise to marry, which is later not fulfilled due to unforeseen circumstances (such as change in life circumstances), does not amount to a false promise and therefore does not vitiate consent. The court emphasized that not every breach of a promise to marry could be construed as rape, especially if the promise was made in good faith. Similarly, in Deepak Gulati v. State of Haryana (2013), the court held that a genuine promise to marry, if later broken due to circumstances beyond the person’s control, cannot be treated as a false promise. To establish a false promise, there must be evidence that the accused had no intention to marry at the start of the relationship, intending only to deceive the woman.

The ‘Worrying Trend’ of False Rape Allegations

The Supreme Court has recently expressed concern over the increasing trend of invoking rape charges after the breakdown of long-term consensual relationships. In Mahesh Damu Khare v. State of Maharashtra (2024), the Court observed that, in cases where a woman has been in a physical relationship for many years, it cannot be automatically assumed that the relationship was based solely on the promise of marriage. This is especially true when the woman has knowingly participated in the relationship for a prolonged period. The Court noted that unless it can be proven that the woman’s consent was solely based on the The Court noted that unless it can be proven that the woman’s consent was solely based on the promise of marriage, and that this promise was made with no intention of being fulfilled, it is unjust to label the relationship as rape. The Court's concern was that this trend of criminalizing consensual relationships under the guise of a false promise to marry undermines the integrity of criminal law.

Legal Reforms: The Bharatiya Nyaya Sanhita

To address such issues, the draft of the Bharatiya Nyaya Sanhita (BNS) has introduced a provision dealing with sexual intercourse by deceitful means, including the false promise of marriage. Under this new provision, if a man has sexual intercourse with a woman on the false pretext of marriage without intending to fulfill that promise, and the sexual act does not amount to rape, he could still face imprisonment for up to ten years and be liable for a fine.

Conclusion

The issue of rape charges stemming from a false promise to marry highlights the complexities of consent and deception in intimate relationships. The Indian judiciary has made it clear that while false promises to marry can vitiate consent and lead to charges of rape, a mere breach of promise due to changing circumstances cannot be criminalized in the same way. As the legal landscape continues to evolve, courts are increasingly wary of the potential misuse of criminal proceedings in cases of broken relationships, urging a nuanced approach that carefully differentiates between genuine promises and deceptive intentions. The recent judicial pronouncements aim to strike a balance between protecting individuals from deceit and ensuring that consensual relationships are not unfairly criminalized after the fact.