Marriage-promise followed by intimacy and disappearance

893 votes

Based on the provided query regarding Section 69 of the Bharatiya Nyaya Sanhita (BNS), which penalizes sexual intercourse obtained through deceitful means or false promise to marry, this presents a legally viable yet factually nuanced case. ​To establish a strong case under Section 69 BNS, courts examine whether the promise to marry was false from the inception (i.e., made with a malicious intent to deceive for physical relations) versus a case where a genuine relationship broke down subsequently. The sequence here—where the accused promised marriage after a fallout, extracted intimacy, dodged subsequent questions, married another person, and blocked the complainant—strongly suggests a deliberate, fraudulent inducement rather than a mere breach of a mutual promise. ​Additionally, the retention of lakhs of rupees without return opens distinct legal avenues for criminal breach of trust (Section 316 BNS) and cheating (Section 318 BNS). The complainant should immediately preserve all corroborative digital evidence, including chat logs, call recordings, engagement/financial transaction proofs, and witness statements. A formal First Information Report (FIR) or a private complaint under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should be filed promptly, backed by a detailed chronology of events to substantiate the malafide intent from inception.

Advocate Praveenkumar S LawRato