False promise to marry in India — BNS Section 69 (sexual intercourse by deceitful means), old IPC 376 / 90, false promise vs breach of promise, FIR, statement, anticipatory bail and quashing (2026)
Plain map for a woman who says she was deceived by a promise of marriage, and for a man accused of it: what Section 69 of the Bharatiya Nyaya Sanhita, 2023 punishes (and what it does not); why the law separates a promise that was false from the start from a genuine promise that later failed; how the position worked under the old IPC (Section 375 / 376 read with Section 90); the FIR, statement and evidence steps; and the accused’s options such as anticipatory bail (BNSS 482) and quashing (BNSS 528). Educational only — not legal advice; Adhiwakta does not file complaints or contact police or any party.
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What Section 69 BNS says
Section 69 of the Bharatiya Nyaya Sanhita, 2023 (in force from 1 July 2024) punishes whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her, where the act does not amount to rape. The punishment may extend to ten years’ imprisonment, with fine. The Explanation says ‘deceitful means’ includes inducement for, or a false promise of, employment or promotion, or marrying by suppressing identity. Under the BNSS First Schedule it is commonly listed as cognizable, non-bailable and triable by a Court of Session — check the current schedule for your case.
Before 1 July 2024 — the old IPC position
The IPC had no separate section like Section 69. Cases of a false promise of marriage were usually registered as rape under Section 375 / 376 IPC, on the argument that consent was given under a ‘misconception of fact’ (Section 90 IPC — now Section 28 BNS). An act done before 1 July 2024 is still judged under the IPC; the new section cannot be applied backwards. Section 63 BNS is the new rape definition.
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False promise vs breach of promise — the key test
Courts draw a sharp line. If the man never intended to marry when he made the promise, and the woman agreed to the relationship because of that promise, the law treats it as deceit. If the promise was genuine when made but the marriage later did not happen — family objection, quarrels, changed circumstances — that is a breach of promise, not an offence by itself. The Supreme Court said this for the IPC in Deepak Gulati v. State of Haryana (2013) and Pramod Suryabhan Pawar v. State of Maharashtra (2019), and applied the same test to Section 69 BNS in Kunal Rameshbhai Kalyani v. State of Gujarat (2026), quashing an FIR where the complaint itself showed a consensual relationship and a later refusal because the man’s mother objected. Long consensual relationships between adults are examined very carefully on their own facts.
If you are the woman — first steps
(1) If you are in danger or being threatened, call 112. (2) Write down a dated timeline: when you met, when and how marriage was promised, when the relationship became physical, what was said, and when and why he refused. (3) Preserve evidence — chats, call records, photos, messages from family, any engagement or ‘roka’ proof, hotel or travel records — without editing or cropping; keep backups. (4) Report at the police station; for a cognizable offence the police must register an FIR (Section 173 BNSS, old 154 CrPC), and Zero FIR and e-FIR options exist. If the police refuse, a complaint to the Superintendent of Police (Section 173(4)) and an application to the Magistrate (Section 175(3)) are the next steps. (5) Your statement may be recorded before a Magistrate (Section 183 BNSS, old 164 CrPC). Your identity in sexual-offence cases is protected by law (Section 72 BNS).
Related issues the same facts can raise
If threats or intimate images are being used against you, cyber offences and the national cybercrime portal (cybercrime.gov.in, 1930) may also apply. If he was already married or hid his identity, that is specifically covered by the Explanation. If a child was born, a maintenance claim for the child under Section 144 BNSS (old 125 CrPC) is a separate civil-type remedy. A criminal case does not by itself give compensation, and nothing guarantees an arrest or a conviction.
If you are accused — what the law allows
Do not threaten, contact or pressure the complainant or witnesses, and do not delete chats — that can harm you. Collect your own record of the relationship (messages, dates, family discussions) that may show the promise was genuine or that there was no promise linked to the relationship. If you fear arrest, an application for anticipatory bail can be made to the Sessions Court or High Court under Section 482 BNSS (old 438 CrPC). If the FIR on its face does not disclose the offence, the High Court can be asked to quash it under Section 528 BNSS (old 482 CrPC). A settlement or later marriage does not automatically end a non-compoundable case; only a court can decide that.
False complaints
The law also punishes false information and false charges (for example Sections 217 and 248 BNS, old IPC 182 and 211). Courts look at the full record — not who files first. Whether a particular complaint is genuine or false is for the investigation and the court to decide.
What this guide is not
It does not say that any particular relationship was or was not deceitful, or predict bail, quashing or conviction. Section 69 is new and courts are still developing its limits, so check the latest judgments of your High Court and the Supreme Court.
How Adhiwakta can help
We do not file FIRs, bail applications or petitions, contact the police, the complainant or the accused, or take sides. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Is refusing to marry after a relationship a crime under BNS 69?
- Not by itself. Section 69 BNS needs a promise to marry made without any intention of fulfilling it (or other deceitful means) and sexual intercourse obtained through it. A genuine promise that later fails because of circumstances is a breach of promise, not this offence — the Supreme Court said so in Kunal Rameshbhai Kalyani v. State of Gujarat (2026).
- What is the punishment under Section 69 BNS?
- Imprisonment of either description that may extend to ten years, and fine. ‘Deceitful means’ includes a false promise of a job or promotion, or marrying by suppressing identity.
- Which section applied before July 2024?
- The IPC had no direct equivalent. Such cases were usually filed as rape under Section 375 / 376 IPC with Section 90 (consent under misconception of fact). Acts before 1 July 2024 are still judged under the IPC.
- What evidence matters in a false promise to marry case?
- Dated chats, messages, call records, family discussions or engagement proof that show when the promise was made and whether it was ever meant. Keep originals without editing and make backups.
- What can the accused do?
- Apply for anticipatory bail under Section 482 BNSS (old 438 CrPC) if arrest is feared, and, where the FIR does not disclose the offence, ask the High Court to quash it under Section 528 BNSS (old 482 CrPC). The court decides on the facts; nothing is automatic.
- Does Adhiwakta file the FIR or bail application?
- No. Adhiwakta does not file FIRs, applications or petitions or contact anyone. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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