Quick answer: Section 69 BNS (false promise of marriage)
Section 69 of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to have sexual intercourse with a woman by deceitful means, including a promise of marriage made without any intention of keeping it, punishable with up to 10 years' imprisonment and fine. The key question is whether there was no intention to marry from the start, as opposed to a genuine relationship that later broke down. Law Chambers of Mridul Jindal handles these matters in Ghaziabad, Noida and Delhi. Call +91-8800669834.
What Section 69 BNS Covers
Section 69 of the Bharatiya Nyaya Sanhita, 2023 makes it an offence to have sexual intercourse with a woman by deceitful means, or by making a promise to marry her without any intention of fulfilling it, where the act does not amount to rape. "Deceitful means" includes a false promise of employment or promotion, and marrying after suppressing one's identity. The offence is punishable with imprisonment of up to ten years and fine.
Before the BNS, such cases were usually registered as rape, on the reasoning that consent obtained on a false promise of marriage is not valid consent. Section 69 now deals with this situation separately, for offences committed on or after 1 July 2024.
The Law Chambers of Mridul Jindal advises and represents persons accused under Section 69, and complainants, before the courts in Delhi, Ghaziabad and Noida, the Delhi High Court, the Allahabad High Court and the Supreme Court. For a detailed explanation of the law, see our article on Section 69 BNS and false promise of marriage.
False Promise or Broken Promise? The Key Question
The courts draw a clear line between a false promise, made from the start with no intention of marrying, and a breach of promise, where a genuine intention to marry later failed because of circumstances. In Pramod Suryabhan Pawar v. State of Maharashtra (2019), the Supreme Court held that only a false promise, made in bad faith and with no intention of being kept at the time it was given, vitiates consent.
Courts have also repeatedly noted that a long consensual relationship between adults, which later breaks down, does not by itself make out an offence. The facts that matter include how long the relationship lasted, whether the complainant knew of obstacles to the marriage (such as an existing marriage or family opposition), what was said and when, and the conduct of both parties.
These cases therefore turn heavily on evidence: messages, call records, photographs, travel and the timeline of the relationship. Preserving this material early is essential.
Our Approach if You Are Accused
Anticipatory bail: we move for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court, placing the nature and length of the relationship and the supporting material on record.
Quashing: where the complaint itself shows a long consensual relationship, or the facts show at most a broken promise, a petition to quash the FIR under Section 528 BNSS may be filed before the High Court. See our criminal defence page.
Investigation and trial: we respond to police notices, assist with the investigation in a way that protects your position, and handle the trial, including cross-examination and final arguments.
If a relationship has ended and a complaint is being threatened, take advice before responding to the other side. Messages sent in that period are often relied on later.
For Complainants, and What to Bring
If you were deceived by a false promise of marriage, a job or a false identity, the law gives you a remedy. We advise complainants on the facts that need to be shown, the evidence to preserve, and how to approach the police or the court.
Documents to bring: the FIR or complaint (if filed), chats, emails and call records, photographs, any proof of the promise of marriage or of the other person's existing marriage or engagement, and a timeline of the relationship.
Consultations are confidential and by prior appointment at our Indirapuram chamber or online. Please contact us to schedule a meeting. Every case depends on its own facts, and this page is general information, not legal advice.
Frequently Asked Questions on Section 69 BNS
Imprisonment of either description for a term which may extend to ten years, and fine.
No. The courts distinguish a false promise, made with no intention of marrying from the start, from a genuine promise that later could not be kept. Only the former is an offence, as the Supreme Court explained in Pramod Suryabhan Pawar (2019).
Anticipatory bail can be sought under Section 482 BNSS before the Sessions Court or High Court. The court looks at the nature of the relationship, the material on record and other relevant factors.
No. Section 69 BNS applies to offences committed on or after 1 July 2024. Earlier cases are governed by the Indian Penal Code.
Facing a Section 69 BNS case?
In these cases, early advice on anticipatory bail and the evidence makes a real difference. Speak to Adv. Mridul Jindal about your matter.
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