New Delhi declared that false promises of marriage don’t lead to failed relationships. It is not a crime under section 69 of Bharatiya Nyaya Sanhita ( BNS ). Justice Harguvarnder Singh Jaggi declares that the broken relationships or cancelled engagements are not to be fitted into the criminal cases. The Madras High Court also declares that long-term consensual relationships do not fall under Sexual assault by deceit and criminal intimidation. It quashes sections 69 and 351 (2) of the BNS Pothumponnu case. Justice Pugalendhi observed that a relationship without any intention of fulfilling the same will not come under false promise of marriage.
The Supreme Court of India has given a clean chit in the matter of consent obtained by express or implied in the Deepak Vs State of Haryana case. Rape is different from consensual sex. It directed the court to examine the false promise of marriage. In Mahesh Damu Kharo Vs State of Maharastra the court decided that the relationship continued for nine long years should not take the sting of criminal culpability.
Even after engagement with the consent of the families, the parties live in a relationship, and its breakup doesn’t fall under an offence when the relationship is decorated in other circumstances. Phone calls, love dialogues are not a criteria continuation of the relationship; including physical intimacy should be noted in such circumstances. Putting an end to the wedding is also not a crime in such conditions. The Supreme Court of India cautions against the growing nature of the failed relationships and instructs not to give the colour of criminality. The state should look into the involvement of genuine sexual violence, coercion or absence of free consent. The sour relationships should not be misused by the criminal laws.
Advocate K.P.Satish Kumar M.L.
Advocate, Madras High Court
Top criminal lawyer for Matrimonial cases
