Source: Bombay High Court 

Why in News? 

A bench of Justice Bharati Dangre and Justice Nivedita P Mehta held that if the marriage is legally registered the husband cannot be booked on the ground that he made a false promise to marry as per the customs. 

• The Bombay High Court held this in the case of State of Goa v. XXX (2025). 

What was the Background of State of Goa v. XXX (2025) Case?   

• The present petition filed under Article 226 of Constitution of India, 1950 (COI) and Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeks to quash the First Information Report (FIR) registered against petitioners under Section 376 and 420 of Indian Penal Code, 1860 (IPC).  
• The petitioner was married to respondent no 3 and the marriage between them was registered before the office of Civil Registrar. 
• It was not disputed that the marriage was not solemnized in accordance with the customs. 
• It was the case of the petitioner that the marriage was the result of pressure that the father of petitioner put on him. 
• Further, the petitioner also claims that he found some disturbing messages shared between Respondent 3 and two other individuals. 
• On 2nd July 2024 the petitioner filed a Matrimonial Petition before Court of Civil Judge Senior Division Panaji seeking annulment of marriage. 
• Respondent no 3 filed a complaint against the petitioner alleging the commission of offence under Section 375, 376 and 420 of IPC. 
• It is the above FIR that the petitioner prays before the Court to quash.   

What were the Court’s Observations? 

• It was observed that Section 90 of IPC lays down what would constitute ‘consent’. 
  • Section 90 of IPC provides that if any consent is obtained on misconception of fact, it is not a consent at all. 
  • In case a woman engages in sexual relations on false promise of marriage her consent is based on “misconception of fact” and such sexual act will amount to rape. 
• It was observed by the Court that to establish a false promise of marry it is essential that it is proved that the accused had the intention to deceive the complainant at the time of making the promise. 
• The deception must have persuaded the accused to enter into sexual relations. 
• In the present facts the respondent was aware of the legally registered marriage between himself and the petitioner before they engaged in a sexual relationship. 
• Further, it was admitted by the respondent that following the civil registration of their marriage the parties engaged in consensual intercourse at several occasions. 
• This shows that the respondent was aware of the bond of matrimony and consciously decided to engage in consensual sexual interactions. 
• The Court further reiterated that there is a difference between “false promise to marry” and “breach of promise to marry”.   
• In the present facts the Court observed that the actions of the petitioners can only be interpreted as breach of promise to marry as he refused to solemnize their marriage according to religious customs after discovering the relationship of respondent with other men. 
• Thus, the Court concluded that the offence of rape and cheating based on false promise of marriage are not established against the accused in the present facts. 
• Thus, the Court exercised its inherent powers and quashed the FIR. 

What is the Offence of False Promise to Marry? 

• In IPC there is no such explicit offence. However, such an offence can be found in Section 69 of Bharatiya Nyaya Sanhita, 2023 (BNS). 
  • 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.