Source: Supreme Court

Introduction

Justices Abhay S. Oka and Pankaj Mithal recently held that an allegation that the physical relationship was maintained due to false promise given by the appellant to marry, is without basis as their relationship led to the solemnization of marriage.

• Supreme Court gave this judgment in the case of Ajeet v. State of Uttar Pradesh.

What is the Background of Ajeet v. State of Uttar Pradesh Case?

• The victim, the daughter of the third respondent, was studying in Lucknow for coaching in Banking. Her age was 25 years.
• The third respondent stated that the appellant was running IIT coaching classes in Delhi.
• They met and developed a love for each other.
• The appellant assured the victim to marry her.
• When the third respondent approached the appellant’s father and brother with the proposal of marriage, they declined the same.
• Thereafter, under the pressure exerted by the victim, the appellant got prepared a certificate of marriage from Arya Samaj Mandir.
• The third respondent alleged that appellant maintained a physical relationship with the victim by giving her a false promise of marriage.
• Respondent alleged that certificate of marriage was got prepared by the appellant from Arya Samaj Mandir to put pressure on the victim.
• The appellant left the victim in her house on 22^nd April 2015 and has never returned to take her back.
• The appellant approached the High Court of Allahabad to quash these allegations against him, however the HC declined to do the same.

What were the Court’s Observations?

• The court observed there is no sufficient evidence to prove the case of physical relation of false promise to marry against the appellant.
• The court allowed the appeal.

What is False Promise to Marry in Indian Penal Code?

• About:
  • The Indian Penal Code, 1860 (IPC) nowhere defines such an offence i.e., having sexual intercourse by employing deceitful means rather it is dealt with by two provisions cumulatively which are Section 375 and Section 90.
  • Section 375 defines rape whereas Section 90 provides for Consent known to be given under fear or misconception.
• Landmark Case:
  • The Supreme Court (SC) in Mandar Deepak Pawar v. State of Maharashtra (2022) observed that there is a distinction between a false promise to marriage and a breach of promise as:
    • False Promise: Given by the maker on the understanding that it will be broken.
    • Breach of Promise: It is made in good faith but subsequently not fulfilled i.e., if a man can prove that he intended to marry the woman before he entered a sexual relationship with her but later is unable to marry her for any reason not legally punishable.

What is Provision Related to False Promise to Marry under Bhartiya Nyaya Sanhita, 2023 (BNS)?

• BNS has a separate provision punishing the act of false promise to marry.
  • Section 69 of BNS provides punishment for Sexual intercourse by employing deceitful means, etc.
  • It states that whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
  • Explanation— “deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.